Sch 13State agency development exempt from approval

Schedule 13—State agency development exempt from approval 1—Interpretation In this Schedule— battery storage facility means a facility for the purposes of 1 or more batteries of a total capacity of more than 25 MW that are capable of being charged, storing energy and discharging it into the State's power system; electricity generating plant means electricity generating plant within the ambit of paragraph (a) of the definition of electricity infrastructure in section 4(1) of the Electricity Act 1996; 2—General (1) The following forms of development, other than in relation to a State heritage place or within the Adelaide Park Lands, are excluded from the provisions of section 131 of the Act: (i) the reconstruction (including widening), alteration, repair or maintenance of any road, bridge, railway, tramway, wharf, jetty or boat ramp (including pump‑out facilities associated with a boat ramp); or (ii) the maintenance of a levee bank; (b) if the work is certified by a building certifier, or by some person nominated by the Minister for the purposes of this provision, as complying with the Building Rules (or the Building Rules to the extent that is appropriate in the circumstances after taking into account the requirements of the Building Rules and, insofar as may be relevant, the matters prescribed under regulation 107 for the purposes of section 131 of the Act)— (i) accepted development or deemed-to-satisfy development under the Planning and Design Code; or (ii) the undertaking or installation of works, infrastructure or equipment (including in relation to a building), if only of a local nature, for the purposes of the supply, disposal or treatment of water or waste water (other than a desalination plant, wastewater treatment plant or wastewater lagoon); or (iii) the undertaking or installation of works, infrastructure or equipment that is ancillary to works, infrastructure or equipment referred to in subparagraph (ii); or (iv) the construction, reconstruction or alteration of a battery storage facility for the purposes of supporting the security or reliability of the State's power system; or (vi) any infrastructure, structures, equipment or works associated with or ancillary to development under subparagraph (iv), including electricity powerlines, poles and fences, fuel supply infrastructure and roads or other means of access to such development; or (vii) the construction, reconstruction or alteration of a building or equipment used for or associated with the supply, conversion, transformation or control of electricity (other than an electricity generating station or an electricity substation); or (viii) the construction, reconstruction or alteration of a dwelling within an existing township, settlement or camp on— (A) Trust Land within the meaning of the Aboriginal Lands Trust Act 2013; or (B) "the lands" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or (C) "the lands" within the meaning of the Maralinga Tjarutja Land Rights Act 1984; or (ix) the development of land dedicated under the National Parks and Wildlife Act 1972; or (ixa) development involving the construction, installation or provision of facilities or services for the purposes of recreational activities on land owned by, or under the care, control and management of, the South Australian Water Corporation, other than if the development will involve the creation of a new access point or modification of an existing access point to a public road; or (x) the construction, reconstruction or alteration of, or addition to a building contained within the existing security‑fenced area of an existing electricity substation; or (xi) the construction, reconstruction or alteration of or addition to, a building which is to be located wholly underground; or (xii) the construction, reconstruction or alteration of, or addition to, an outbuilding (or a structure or building that is ancillary to an outbuilding), other than— (A) the construction of a new building exceeding 1 storey in height; or (B) where the outbuilding is not being constructed, added to or altered so that any part of the outbuilding is situated within the setback distance of the allotment prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the allotment); or (C) where the relevant work would affect a local heritage place; or (D) where the building work will result in the total floor area of the outbuilding exceeding 50 m²; or (xiii) the construction, reconstruction or alteration of, or addition to, a classroom within the area of an existing school, other than— (A) where— • in the case of a classroom that exceeds 1 storey in height—the work will result in an increase in the height of the classroom; or An increase in the height of a classroom would include where a structure or fitting is altered or added to a classroom such that the highest point of the structure or fitting is higher than the highest point of the classroom (including any structures or fittings) before the alteration or addition. • in any other case—the work will result in the classroom exceeding 1 storey in height; or (B) where the classroom is not being constructed, added to or altered so that any part of the classroom is situated within the setback distance of the area (of the school) prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the area); or (C) where the work would affect a local heritage place; or (D) where the total area of the classroom would exceed 150 m²; or (xiiia) the construction, reconstruction or alteration of, or addition to, a covered outdoor educational area within the area of an existing school, other than— (A) where the work will result in the covered outdoor educational area exceeding 7.5 m in height; or (B) where the covered outdoor educational area is not being constructed, added to or altered so that any part of the covered outdoor educational area is situated within the setback distance of the area (of the school) prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 5 m of a boundary of the area); or (C) where the work would affect a local heritage place; or (D) where the total area of the covered outdoor educational area would exceed 500 m²; or (xiv) building work associated with the alteration of, or addition to, a building within the area of an existing school (other than a classroom or covered outdoor educational area), other than— (A) where the work will result in— • in the case of a building that exceeds 1 storey in height, an increase in the height of the building, or, in any other case, the building exceeding 1 storey in height; or An increase in the height of a building would include where a structure or fitting is altered or added to a building such that the highest point of the structure or fitting is higher than the highest point of the building (including any structures or fittings) before the alteration or addition. • the creation of a new access point to or from a public road or the alteration of an existing access point to or from a public road; or • fewer carparks on the site; or (B) where the work will result in the building being situated within the setback distance of the area (of the school) prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the area); or (D) where the building work would exceed 150 m² in additional floor area; or (xv) building work associated with the alteration of, or addition to, any other building, other than— (A) where— • in the case of a building that exceeds 1 storey in height—the work will result in an increase in the height of the building; or An increase in the height of a building would include where a structure or fitting is altered or added to a building such that the highest point of the structure or fitting is higher than the highest point of the building (including any structures or fittings) before the alteration or addition. • in any other case—the work will result in the building exceeding 1 storey in height; or (B) where the work will result in the building being situated within the setback distance of the allotment prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the allotment); or (D) where the building work would exceed 150 m² in additional floor area; or (xvi) the alteration, repair or maintenance of, or addition to— (A) a wall of an existing dam; or (B) a spillway of an existing dam; or (C) structures ancillary to a wall or a spillway of an existing dam; or (xvii) the construction of advertising displays or signs, if carried out by a State agency within the meaning of section 131 of the Act; or (xviii) the installation, construction or alteration of playground equipment; or (xix) the construction of a shade sail if no part of the sail will be 5 m above ground or floor level (depending on where it is situated); or (xx) the construction, reconstruction or alteration of, or addition to, buildings or structures that do not exceed 9 m in height on land comprised by Certificate of Title Volume 6282 Folio 519 for the purposes of the horses and dogs units of SAPOL and SAPOL operations associated with or ancillary to those purposes; or (xxi) the construction, reconstruction or alteration of, or addition to, buildings or structures on land comprised by the following: (A) Certificate of Title Volume 5883 Folio 454; (B) Certificate of Title Volume 5883 Folio 426; (C) Certificate of Title Volume 5827 Folio 252; (D) Certificate of Title Volume 5883 Folio 424; (E) Certificate of Title Volume 5283 Folio 663; (F) Certificate of Title Volume 5897 Folio 901; (G) Certificate of Title Volume 5883 Folio 450; (H) Certificate of Title Volume 5894 Folio 532; (I) Certificate of Title Volume 6250 Folio 938; (J) Certificate of Title Volume 6257 Folio 136; (K) Certificate of Title Volume 5883 Folio 420, for the purposes of a muster, staging and storage facility for the horses unit of SAPOL and SAPOL operational resources involved in responding to, or assisting with, emergencies, major events and functions; or (xxii) any infrastructure or works associated with or ancillary to development under subparagraph (xx) or (xxi), including a stormwater detention basin; (c) the construction, reconstruction, alteration, repair or maintenance of any drain, pipe or underground cable; (d) the undertaking of any temporary development which is required in an emergency situation in order to— (iii) maintain essential public services or support public health services; or (e) the undertaking of any development for a period of not more than 2 years for the purposes of research, investigation or pilot plants; (f) the excavation, removal or placement of sand and other beach sediment by or as authorised by the Coast Protection Board on land which is owned by, or under the care and control of, a council or Crown agency or instrumentality, where the land is between mean low water mark on the sea shore at spring tide, and the landward limit of any sandy beach or sand dune; (g) the granting of a lease or licence in a dedicated forest reserve under the Forestry Act 1950; (h) an alteration to the cadastre arising from the administration of the Crown Land Management Act 2009, the Pastoral Land Management and Conservation Act 1989, or the Irrigation Act 2009, other than where 5 or more allotments are being created; (i) a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above; (j) an alteration, or repairs, to a building— (iii) which will not adversely affect the structural soundness of the building or the safety of any person occupying or using it; (k) excavating or filling (or excavating and filling) of up to 1 500 m3 of material for the purpose of providing proper access to an existing wharf, jetty or mooring, but excluding excavating or filling where more than 1 500 m3 of material has been excavated or filled at the particular place within the previous 12 months; (l) the division of land arising out of the granting of a lease under the Harbors and Navigation Act 1993 for the purposes of aquaculture; (m) the construction, reconstruction or alteration of a fire hydrant, fire plug or location indicator in a public place that is not connected with the performance of any other building work that requires approval under the Act; (n) the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more; (o) the construction, reconstruction, alteration, repair or maintenance of a beacon, buoy or other mark or structure (whether or not equipped with a light) intended to be an aide to navigation, other than a lighthouse, approved by the Marine Safety Section of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Harbors and Navigation Act 1993; (p) the construction, reconstruction, alteration, repair or maintenance of antennae and associated infrastructure or equipment related to a Global Navigation Satellite System; (q) the construction of an item of street furniture (including directional signs, lighting, seating, weather shelters, parking meters, parking pay stations and similar items or structures) that is associated with a development approved, or exempt from approval, under the Act, and directly related to an activity carried out at the site of the development, or on account of the development (whether or not the item is located on the site of the development or in a public place nearby); (r) the construction of any of the following, if carried out by a State agency within the meaning of section 131 of the Act: (i) tourist information or interpretative signs; (ii) structures (including billboards) at roadside information bays; (iii) shade‑cloth structures; (iv) a post and wire fence, including a chain mesh fence; (v) public art installations; (s) works associated with the construction of a road on land which is— (i) adjacent to the road; and (ii) associated with the construction of the road; (sa) the construction, reconstruction, alteration of, or addition to, an amenities facility with a floor area of 50 m² or less; (t) the use of any land or building, or the construction or alteration of, or addition to, a building for the purposes of an aquifer recharge scheme; (u) the construction, reconstruction, alteration or addition to a security fence of an existing electricity substation or other electricity infrastructure within the meaning of the Electricity Act 1996, or of existing water/sewerage infrastructure within the meaning of the Water Industry Act 2012, subject to the following limitations: (i) the fence must not exceed a height of 3.2 m (measured as a height above the natural surface of the ground); (A) in the case of a fence that has a frontage to a public road—the fence must be a palisade or open metal fence or a chain or weld mesh fence; or (B) in any other case—the fence must be a palisade or open metal fence, a chain or weld mesh fence or a fence clad in pre‑colour treated sheet metal; (v) the construction, reconstruction or alteration of— (i) a building or structure situated within the perimeter security fence of an existing correctional institution (within the meaning of the Correctional Services Act 1982) or training centre (within the meaning of the Young Offenders Act 1993); or (ii) any works or infrastructure that is ancillary to a building or structure of a kind referred to in subparagraph (i); (w) tree‑damaging activity in relation to a regulated tree— (ii) that— (A) is on any land on which a road is located or is proposed to be built or widened; and (B) is undertaken by or with the written authority of the Commissioner for Highways; or (iia) that— (A) is undertaken to allow for the provision of water supply or sewerage services to land; and (B) is undertaken by or with the written authority of the South Australian Water Corporation; or (iii) that— (A) is on railway land as defined in Schedule 4 clause 14(7); or (B) is on land adjacent to railway land and is, in the opinion of the Rail Commissioner, detrimentally affecting the use of, or activities or operations on, the railway land; (x) the construction, reconstruction or alteration of a nesting platform or breeding structure for endangered species (as defined in the National Parks and Wildlife Act 1972 or the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth); (y) the installation of flood hazard or water monitoring equipment alongside a prescribed watercourse, lake or well under section 101 of the Landscape South Australia Act 2019; (z) the construction, reconstruction or alteration of, or addition to, an air quality monitoring station, provided that— (i) any building or structure associated with the station (other than a mast) does not exceed 1 storey in height; and (ii) the relevant work will not result in a mast associated with the station exceeding 11 m in height, measured at natural ground level; and (iii) no part of any building or structure being constructed, added to or altered in connection with the station is situated within the setback distance of the allotment prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the allotment); and (iv) the relevant work will not affect a local heritage place; and (v) the building work will not result in the total floor area of a building or structure associated with the station exceeding 50 m². (2) Paragraphs (a), (b)(ii) to (vi), (b)(ixa), (b)(xi) to (xv), (c) and (x) of subclause (1) do not apply to a proposed development if the site where the development is to be undertaken is subject to coastal processes, or in relation to which there is evidence to suggest that the site is likely to be affected by coastal processes within the foreseeable future, unless the Coast Protection Board has authorised the relevant development. (3) Development of a kind referred to in subparagraphs (iv) to (vi) of subclause (1)(b) may only be undertaken at a site identified by the Minister by notice published in the Gazette. (4) A notice published under subclause (3) may— (a) identify 1 or more sites for the purposes of that subclause; and (b) be varied or revoked by further notice published in the Gazette. (5) Except as otherwise specified in this Schedule, subclause (1) does not apply to any development which comprises a tree‑damaging activity in relation to a regulated tree. (6) For the purposes of subclause (1)(b)(ii) and (iii), development comprising the undertaking or installation of works, infrastructure or equipment is of a local nature if the works, infrastructure or equipment are for the purposes of servicing a township or suburb and is not inconsistent or out of character with the size or location of other works, infrastructure or equipment of that kind in that township or suburb. 3—Certain development in part of City of Mitcham The following forms of development in a zone, subzone or overlay identified under the Planning and Design Code for the purposes of this clause (relating to the area of the City of Mitcham), are excluded from the provisions of section 131 of the Act: (a) the undertaking of any temporary development required in an emergency situation in order to— (b) an alteration, or repairs, to a building that— (i) are predominantly internal; and (ii) do not change the external appearance or total floor area of the building; and (iii) will not adversely affect the structural soundness of the building or the safety of any person occupying or using it. 4—River Murray area The following forms of development are excluded from the provisions of section 131 of the Act, namely the construction, reconstruction, alteration, repair or maintenance of infrastructure within the meaning of the River Murray Act 2003 by the Minister for the River Murray (or by a person who is acting for or on behalf of that Minister) where the work is being undertaken in connection with the management of water flows, or for other environmental purposes, within the River Murray system, as defined by that Act, for the purposes of the River Murray Act 2003 or the Murray-Darling Basin Act 1993. 5—Certain development within the Park Lands The following forms of development within the Adelaide Park Lands, other than in relation to a State heritage place, are excluded from the provisions of section 131 of the Act: (i) the alteration, repair or maintenance of a road, bridge, railway or weir, or the reconstruction of a road where there is no increase in the area of road; or (ii) the maintenance of a levee bank; or (iii) the maintenance of the bank of the River Torrens or of any creek; (b) if the work is certified by a building certifier, or by some other person nominated by the Minister for the purposes of this provision, as complying with the Building Rules (or the Building Rules to the extent that is appropriate in the circumstances after taking into account the requirements of the Building Rules and, insofar as may be relevant, the matters prescribed under regulation 107 for the purposes of section 131 of the Act)— (i) the alteration of a local water treatment station, wastewater pumping station, pressure regulating station or pumping station; or (ii) the construction, reconstruction or alteration of any works or infrastructure that is ancillary to works or infrastructure referred to in subparagraph (i); or (iii) the alteration of a building or equipment used for or associated with the supply, conversion, transformation or control of electricity (other than an electricity generating station or an electricity substation); or (iv) the alteration of, or addition to, a building contained within the existing security‑fenced area of an existing electricity substation; or (v) the alteration of, or addition to, a building— (B) which will not result in a material change to the existing landform at the site of the development; or (vi) without limiting subparagraph (v), the construction or reconstruction of a building— (B) which is intended only to house essential infrastructure; and (C) which has a total floor area not exceeding 15 m2 and a depth (determined according to the distance below ground level of the base of the building) not exceeding 4 m; and (D) which will not result in a material change to the existing landform at the site of the development; or (vii) building work associated with the alteration of, or addition to, a building within the area of an existing school, other than— (A) where the work will result in— • the building exceeding 1 storey in height; or • the creation of a new access point to or from a public road or the alteration of an existing access point to or from a public road; or • fewer carparks on the site; or (B) where the building is, or will be when the building work is completed, within 5 m of a boundary of the area of the school; or (viii) tree‑damaging activity in relation to a regulated tree— (B) that is on land— • on which a road is located or is proposed to be built or widened; and • that is under the care, control and management of the Commissioner for Highways; (c) the construction, reconstruction, alteration, repair or maintenance of any drain, pipe or underground cable, other than the construction of a drain with a width or depth exceeding 1.5 m or a pipe with a diameter exceeding 1.5 m; (d) the undertaking of any temporary development which is required in an emergency situation in order to— (e) an alteration to the cadastre arising from the administration of the Adelaide Park Lands Act 2005; (f) a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above; (g) an alteration, or repairs, to a building— (iii) which will not adversely affect the structural soundness of the building or the safety of any person occupying or using it; (h) the construction, reconstruction or alteration of a fire hydrant, fire plug or location indicator in a public place that is not connected with the performance of any other building work that requires approval under the Act; (i) the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more; (j) the construction of information or directional signs (whether attached to a structure or freestanding) that are associated with a development approved by the Commission under Schedule 6 clause 2, and directly related to an activity carried out at the site of the development, or on account of the development; (k) the construction of any of the following, if carried out by a State agency within the meaning of section 131 of the Act: (i) tourist information or interpretative signs; (ii) structures (including billboards) at roadside information bays; (iii) shade‑cloth structures; (iv) a post and wire fence, including a chain mesh fence; (v) advertising displays or signs.