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Planning, Development and Infrastructure (General) Regulations 2017
Sch 1Register of interest—primary return
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Schedule 1—Register of interest—primary return
Please read instructions and notes below before completing this return.
SURNAME
OTHER NAMES
OFFICE HELD
Registrable interests
Details
Provide a statement of any income source2 that you have or a person related to you3 has or expects to have in the period of 12 months after the date of the primary return.
State the name of any company or other body, corporate or unincorporate, in which you hold, or a member of your family4 holds, any office whether as director or otherwise, for the purpose of obtaining financial gain (including at some time in the future).
State the name or description of any company, partnership, association or other body in which you or a person related to you3 is an investor5.
Provide a concise description of any trust (other than a testamentary trust) of which you or a person related to you3 is a beneficiary or trustee, and the name and address of each trustee.
Provide the address or description of any land in which you have or a person related to you3 has any beneficial interest6 other than by way of security for any debt.
Provide details of any fund in which you or a person related to you3 has an actual or prospective interest to which contributions are made by a person other than you or a person related to you3.
If you are or a person related to you3 is indebted to another person (not being related by blood or marriage) in an amount of or exceeding $7 500—state the name and address of that other person.
If you are or a person related to you3 is owed money by a natural person (not being related by blood or marriage) in an amount of or exceeding $10 000—state the name and address of that person.
Declare any other substantial interest of yours or of a person related to you whether of a pecuniary nature or not, of which you are aware and which you consider might appear to raise a material conflict between your private interest and the duty that you have or may subsequently have as a member of a designated entity.
Provide any other additional information which you think fit.
Signature
Date
Instructions/notes
This return is to be completed in block letters except for signatures. If there is not sufficient space on this return for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper must be signed and dated.
(b) any trade, vocation, business or profession engaged in by the person.
3.1
A person related to a member means—
(a) a member of the member's family;
(b) a family company of the member;
(c) a trustee of a family trust of the member.
3.2
A family company of a member means a proprietary company—
(a) in which the member or a member of the member's family is a shareholder; and
(b) in respect of which the member or a member of the member's family, or any such persons together, are in a position to cast, or control the casting or, more than one‑half of the maximum number of votes that might be cast at a general meeting of the company.
3.3
A family trust of a member means a trust (other than a testamentary trust)—
(a) of which the member or a member of the member's family is a beneficiary; and
(b) which is established or administered wholly or substantially in the interests of the member or a member of the member's family, or any such persons together.
Under the Act—
family, in relation to a member, means—
(a) a spouse or domestic partner of the member; and
(b) a child of the member who is under the age of 18 years and normally resides with the member.
For the purpose of this return, a person is an investor in a body if—
(a) the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or
(b) the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body.
A beneficial interest in property includes a right to re‑acquire the property.
1 A member is required only to disclose information that is known to the member or ascertainable by the member by the exercise of reasonable diligence.
2 A member is not required to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the member.
3 A member may include in a return such additional information as the member thinks fit.
4 Nothing in this return will be taken to prevent a member from disclosing information in such a way that no distinction is made between information relating to the member personally and information relating to a person related to the member.
5 A member is not required to disclose the actual amount or extent of a financial benefit or interest.
Schedule 2—Register of interest—ordinary return
Please read instructions and notes below before completing this return.
SURNAME
OTHER NAMES
OFFICE HELD
Registrable interests
Details
Provide a statement of any income source of a financial benefit2 that you have or a person related to you3 has received, or was entitled to receive, during the return period.
State the name of any company or other body, corporate or unincorporate, in which you held, or a member of your family4 held, any office during the return period whether as director or otherwise, for the purpose of obtaining financial gain (including at some time in the future).
State the name or description of any company, partnership, association or other body in which you or a person related to you3 is an investor5.
Provide a concise description of any trust (other than a testamentary trust) of which you or a person related to you3 is a beneficiary or trustee, and the name and address of each trustee.
Provide the address or description of any land in which you have or a person related to you3 has any beneficial interest6 other than by way of security for any debt.
Provide details of any fund in which you or a person related to you3 has an actual or prospective interest to which contributions are made by a person other than you or a person related to you3.
If you are or a person related to you3 is indebted to another person (not being related by blood or marriage) in an amount of or exceeding $7 500—state the name and address of that other person.
If you are or a person related to you3 is owed money by a natural person (not being related by blood or marriage) in an amount of or exceeding $10 000—state the name and address of that person.
Declare any other substantial interest of yours or of a person related to you whether of a pecuniary nature or not, of which you are aware and which you consider might appear to raise a material conflict between your private interest and the duty that you have or may subsequently have as a member of a designated entity.
Provide any other additional information which you think fit.
Signature
Date
Instructions/notes
1.1
This return is to be completed in block letters except for signatures. If there is not sufficient space on this return for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper must be signed and dated.
1.2
The return period for the purposes of this return is as follows:
(a) if your last return was a primary return under the Act—the period between the date of the primary return and 30 June next following;
(b) in any other case—the period of 12 months expiring on 30 June, or within 60 days after 30 June in any year.
2.1
(b) any trade, vocation, business or profession engaged in by the person.
2.2
financial benefit, in relation to a person, means—
(a) any remuneration, fee or other pecuniary sum exceeding $1 000 received by the person in respect of a contract of service entered into, or paid office held by, the person; and
(b) the total of all remuneration, fees or other pecuniary sums received by the person in respect of a trade, profession, business or vocation engaged in by the person where the total exceeds $1 000,
but does not include an annual allowance, fees, expenses or other financial benefit payable to the person under the Act.
3.1
A person related to a member means—
(a) a member of the member's family;
(b) a family company of the member;
(c) a trustee of a family trust of the member.
3.2
A family company of a member means a proprietary company—
(a) in which the member or a member of the member's family is a shareholder; and
(b) in respect of which the member or a member of the member's family, or any such persons together, are in a position to cast, or control the casting or, more than one‑half of the maximum number of votes that might be cast at a general meeting of the company.
3.3
A family trust of a member means a trust (other than a testamentary trust)—
(a) of which the member or a member of the member's family is a beneficiary; and
(b) which is established or administered wholly or substantially in the interests of the member or a member of the member's family, or any such persons together.
Under the Act—
family, in relation to a member, means—
(a) a spouse or domestic partner of the member; and
(b) a child of the member who is under the age of 18 years and normally resides with the member.
For the purpose of this return, a person is an investor in a body if—
(a) the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or
(b) the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body.
A beneficial interest in property includes a right to re‑acquire the property.
1 A member is required only to disclose information that is known to the member or ascertainable by the member by the exercise of reasonable diligence.
2 A member is not required to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the member.
3 A member may include in a return such additional information as the member thinks fit.
4 Nothing in this return will be taken to prevent a member from disclosing information in such a way that no distinction is made between information relating to the member personally and information relating to a person related to the member.
5 A member is not required to disclose the actual amount or extent of a financial benefit or interest.
Schedule 3—Additions to definition of development
The acts or activities set out in this Schedule constitute development.
1—Excavating or filling in identified zones or areas
Any excavating or filling (or excavating and filling) of land in a zone or area identified under the Planning and Design Code for the purposes of this clause which involves the excavating or filling (or excavating and filling) of a volume of material which exceeds 9 m3 in total, but not including the excavating of filling (or excavating and filling) of land—
(a) incidental to the ploughing or tilling of land for the purpose of agriculture; or
(b) incidental to the installation, repair or maintenance of any underground services; or
(c) on or within a public road or public road reserve; or
(d) in the event of an emergency in order—
(i) to protect life or property; or
(ii) to protect the environment where authority to undertake the activity is given by or under another Act.
2—Excavating or filling—local heritage places
Any excavating or filling (or excavating and filling) of land in a local heritage place which involves the excavating or filling (or excavating and filling) of a volume of material which exceeds 9 m3 in total.
3—Excavating or filling in identified zones or areas subject to inundation or flooding
Any excavating or filling (or excavating and filling) of land, or the forming of a levee or mound, in a designated flood zone, subzone or overlay, or any other zone, subzone or overlay identified under the Planning and Design Code for the purposes of this clause, but not including the excavating or filling (or excavating and filling) of land—
(a) incidental to the ploughing or tilling of land for the purpose of agriculture; or
(b) incidental to the installation, repair or maintenance of any underground services; or
(c) on or within a public road or public road reserve; or
(d) in the event of an emergency in order—
(i) to protect life or property; or
(ii) to protect the environment where authority to undertake the activity is given by or under another Act.
4—Levee, mound over 3 m in height
Without limiting any other clause, the forming of a levee or mound with a finished height greater than 3 m above the natural surface of the ground.
5—Excavating or filling—coastal land etc
Any excavating or filling (or excavating and filling)—
(a) within coastal land; or
(b) within 3 nautical miles seaward of the coast measured from mean high water mark on the sea shore at spring tide,
which involves the excavating or filling (or excavating and filling) of a volume of material which exceeds 9 m3 in total.
6—Coastal protection structures
The placing or making of any structure or works for coastal protection, including the placement of rocks, stones or other substances designed to control coastal erosion, within 100 m landward of the coast measured from mean high water mark on the sea shore at spring tide or within 1 km seaward of the coast measured from mean high water mark on the sea shore at spring tide.
7—River Murray—infrastructure
(1) Without limiting the operation of any other clause, the construction, installation or placement of any infrastructure for—
(a) the taking of water from any part of the River Murray system within the River Murray Floodplain Area; or
(b) the draining or depositing of any water or other substance or material into any part of the River Murray system within the River Murray Floodplain Area,
other than—
(c) where the infrastructure is being constructed, installed or placed by the Minister for the River Murray (or by a person who is undertaking works for or on behalf of that Minister); or
(d) where the infrastructure is to be used for domestic purposes within the River Murray Flood Plain Protection Area Overlay under the Planning and Design Code.
(2) For the purposes of subclause (1), a reference to the River Murray Floodplain Area is a reference to the River Murray Protection Area so designated under the River Murray Act 2003.
(3) In subclause (1)—
infrastructure has the same meaning as in the River Murray Act 2003;
River Murray system has the same meaning as in the River Murray Act 2003.
8—Display of advertisements
(1) The commencement of the display of an advertisement.
(2) For the purposes of subclause (1), a change made to the type or contents of an existing advertisement will be taken not to constitute the commencement of the display of an advertisement if—
(a) the advertisement area is not increased; and
(b) the change does not involve the addition of animation or illumination.
9—Land division—certain Crown lands
The division of land subject to a lease under the Crown Land Management Act 2009 or the Irrigation Act 2009 where an application has been made to the Minister responsible for the administration of the relevant Act to surrender the lease for freehold title on the basis that the land will be granted in fee simple and then divided.
10—Activities within Tunnel Protection Overlay
(1) Any excavating or filling (or excavating and filling) of land within the Tunnel Protection Overlay under the Planning and Design Code which involves—
(a) excavation exceeding a depth of 2.5 m below the regulated surface level; or
(b) filling exceeding a vertical height of 1 m above the regulated surface level.
(2) Any ground intruding activity exceeding a depth of 2.5 m below the regulated surface level within the Tunnel Protection Overlay under the Planning and Design Code.
(3) Any storage of materials, equipment or vehicles (whether temporary or permanent) over an area exceeding 100 m² on land within the Tunnel Protection Overlay under the Planning and Design Code.
(4) Any temporary stockpiling of soil, gravel, rock or other natural material over an area exceeding 100 m² on land within the Tunnel Protection Overlay under the Planning and Design Code.
(5) In this clause—
ground intruding activity means an activity that intrudes the ground and includes—
(a) excavation for building pad or strip footings or pile foundations; and
(b) installing an underground drain, pipe, cable or conduit; and
(c) excavation for a tunnel, underground passageway or adit; and
(d) the use of ground reinforcing elements, including—
(i) ground anchors; and
(ii) soil nails; and
(iii) rock bolts; and
(iv) mechanical stabilising elements as part of a retaining structure;
regulated surface level has the same meaning as in the Planning and Design Code.
11—Transshipment points
The establishment of a transshipment point associated with a proposed or existing port facility for the transfer of bulk commodities within coastal waters.
12—Division of proposed allotments
The division of land that is subject to a development application that proposes to create an allotment comprising the land where—
(a) that application has not been finally determined; or
(b) —
(i) a development authorisation has been issued in respect of that application; and
(ii) the development authorisation is operative; and
(iii) a certificate of title has not been issued in respect of the land.