Sch 4Exclusions from definition of development—general

Schedule 4—Exclusions from definition of development—general An act or activity specified in this Schedule is declared not to constitute development for the purposes of the Act, subject to the limitations set out in regulation 3C. For example, that regulation provides that an exclusion under Schedule 4 does not apply in respect of a State heritage place. 1—Advertising displays The commencement of an advertising display containing an advertisement— (a) that is a traffic control device displayed and erected under the Road Traffic Act 1961; or (b) that is displayed by reason of a statutory obligation on the Crown, a Minister of the Crown, an agency or instrumentality of the Crown, a council, or a person requiring such display; or (c) that is on enclosed land or within a building and is not readily visible from land outside the enclosure or the building; or (d) that is displayed for the purposes of identification, direction, warning or other information in relation to a detached, semi‑detached, row or multiple dwelling or residential flat building (including an advertisement displayed for the purposes of a home activity), subject to the following conditions: (i) that the advertisement area is not more than 0.2 m2; (iii) that not more than 2 such advertisements are displayed in relation to the same building; or (e) that is displayed on a building or a building in separate occupation (other than the side or rear walls of the building) used primarily for retail, commercial, office, business or community purposes, subject to the following conditions: (i) that the advertisement is not displayed or erected above any verandah or the fascia of a verandah or, in a case where there is no verandah, that no part of the advertisement is more than 3.7 m above ground level; (f) that announces a local event of a religious, educational, cultural, social or recreational character, or that relates to an event of a political character, subject to the following conditions: (i) that the total advertisement area of all advertisements of that kind displayed on 1 building or site is not more than 2 m2; (ii) except for an advertisement that relates to a federal, State or local government election, that the advertisement is displayed for a period not exceeding 1 month prior to the event and 1 week after the conclusion of the event; (iii) that the advertising display— (g) that is on land on which building work is being lawfully undertaken, subject to the following conditions: (i) that the information in the advertisement refers to the work being undertaken; (iii) that the advertisement area is not more than 3 m2; or (h) that constitutes a moveable sign under the Local Government Act 1999 and is placed on a public street, road or footpath within an area of a council under that Act; or (i) that is a real estate "for sale" or "for lease" sign, subject to the following conditions: (i) that the sign is situated on the land which is for sale or for lease; (ii) that the sign— (iii) that the sign is not more than 4 m2 in advertisement area; (iv) that the sign is removed within 2 weeks after the completion of the sale or the entering into of the lease. 2—Council works (1) The construction, reconstruction, alteration, repair or maintenance by or on behalf of a council of— (a) a road, drain or pipe, other than the construction of a new road, drain or pipe within 100 m of the coast, measured from mean high water mark on the sea shore at spring tide; or (b) an effluent drainage scheme, but not including any effluent pond or lagoon; or (c) a structure or equipment used for or associated with the supply, conversion, transformation or control of electricity, other than— (i) the construction of an electricity generating station, an electricity substation, a transmission line, a distribution main or a single wire earthed return electricity line; or (ii) within a designated airport building heights area; or (d) a single wire earthed return electricity line, other than any such activity— (i) in areas of the Flinders Ranges identified under the Planning and Design Code as environmental areas for the purposes of this subparagraph, excluding townships; or (A) in any zone, subzone or overlay identified under the Planning and Design Code for the purposes of this subsubparagraph; or (B) where no such zone or area has been identified under the Planning and Design Code—in any of the following: • rural land which is within 500 m of the coast measured from mean high water mark on the sea shore at spring tide; • land within a country township, developed urban area or proposed urban area under the Planning and Design Code which is within 100 m of the coast measured from mean high water mark on the sea shore at spring tide; or (e) a recreation area, or a building in a recreation area, other than— (i) the construction of a new building exceeding 30 m2 in total floor area on a recreation area; or (ii) an alteration or extension to an existing building on a recreation area which will result in the total floor area of the building exceeding 30 m2; or (iii) the construction or alteration of, or an extension to, any building within 100 m of the coast (landward or seaward), measured from mean high water mark on the sea shore at spring tide; or (iv) 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 100 m of the seaward boundary of the recreation area where the recreation area extends seaward from the mean high water mark on the sea shore at spring tide; or (f) the placement, installation or construction of playground, exercise or recreation equipment in a recreation area; or (fa) a shade sail that does not exceed 5 m in height in a Recreation Zone under the Planning and Design Code; or (g) an item of street furniture (including directional signs, lighting, seating, weather shelters, bollards and bicycle racks), other than the construction of street lighting within a designated airport building heights area; or (h) a building within an existing council works depot which is consistent with the continued use of the area as a council works depot, other than— (i) the construction of a new building exceeding 200 m2 in total floor area, or 10 m in height; or (ii) an alteration or extension to an existing building which will result in the total floor area of the building exceeding 200 m2, or the total height of the building exceeding 10 m; or (iii) the performance of work within 10 m of a boundary of the depot; or (i) the repair or maintenance of a jetty or boat landing facility and associated pontoons, provided that there is no increase in the size of the jetty, facility or pontoons. (2) The erection, alteration or replacement by a council of a sign or advertisement (including in a case that involves the commencement of the display of an advertisement) on an item of street furniture located on a road or road reserve (but not on a part of a carriageway), subject to the following conditions: (a) that the size of the display area does not exceed 3 m2; (b) that the sign or advertisement— (i) does not incorporate a moving display or message; and (ii) does not flash; and (iii) is not internally illuminated; (c) that the sign or advertisement is not within 100 m of a signalised intersection or a pedestrian actuated crossing; (d) that the erection or display of the sign or advertisement is not classified as restricted development under the Planning and Design Code. (3) If the work is certified by a building certifier 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), excavating or filling (or excavating and filling) of up to 1500 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 1500 m3 of material has been excavated or filled at the particular place within the previous 12 months. (4) The undertaking of any temporary development by or on behalf of a council, including the forming of a levee or mound, which is required in an emergency situation in order to— (a) prevent loss of life or injury; or (b) prevent loss or damage to land or buildings; or (c) maintain essential public services or support public health services; or (d) prevent a health or safety hazard. 3—Land division (1) For the purpose of giving effect to a proposal approved or authorised under the provisions of the Roads (Opening and Closing) Act 1991, the division of a single allotment into 2 allotments or the adjustment of an allotment boundary. (2) The grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, under— (a) the Aboriginal Lands Trust Act 2013; or (b) the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or (c) the Maralinga Tjarutja Land Rights Act 1984, by virtue of which the Crown (or an agency or instrumentality of the Crown) becomes, or may become, entitled to possession or occupation of part only of an allotment. (3) The grant or acceptance of a lease or licence on Trust Land (within the meaning of the Aboriginal Lands Trust Act 2013), or the making of an agreement for a lease or licence on Trust Land, in respect of which the Aboriginal Lands Trust has given permission under section 44 of that Act and by virtue of which a person becomes, or may become, entitled to possession or occupation of part only of an allotment. (4) The grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, by virtue of which a person becomes, or may become, entitled to possession or occupation of part only of an allotment, other than a lease or licence over land— (a) that comprises a dwelling or a dwelling and curtilage; or (b) which permits or is varied to permit the use of the leased or licensed land and any part of it for residential purposes. (5) The grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, related to the installation or alteration of telecommunications facilities or wind turbine generators, including any infrastructure associated with such facilities or generators. (6) The division of an allotment pursuant to an order under the Encroachments Act 1944. (7) The amendment of an existing strata plan under the Community Titles Act 1996 or the Strata Titles Act 1988 where the delineation of strata lots or strata units, and common property, is not altered. (8) The division of an allotment for the purpose of widening or adding to an existing road, road reserve or drainage reserve, subject to the condition that any land that is being added to the road, road reserve or drainage reserve is, or is to be, vested in the Crown, a Minister of the Crown, an instrumentality or agency of the Crown, or a council. (9) The division of an allotment— (a) for the purpose of widening or adding to an existing rail corridor or rail reserve, subject to the condition that any land that is being added to the rail corridor or rail reserve is, or is to be, vested in an owner or operator of the relevant railway; or (b) for purposes associated with the construction, use, alteration, extension, repair or maintenance of any form of infrastructure, or with gaining access to any form of infrastructure, located on a rail corridor or rail reserve. The infrastructure need not be rail infrastructure. (10) The conferral of a right to occupy a residential unit under the Retirement Villages Act 2016. 4—Sundry minor operations (1) The construction or alteration of, or addition to, any of the following (including any incidental excavation or filling), other than in respect of a local heritage place: (a) an outbuilding (other than in a designated flood zone, subzone or overlay or in any other zone, subzone or overlay identified under the Planning and Design Code for the purposes of this paragraph) in which human activity is secondary, and which— (i) is detached from and ancillary to another building which is erected on the site, or for which consent has been granted by the relevant authority, or which is classified as accepted development or deemed-to-satisfy development; and (ii) has a total floor area not exceeding 15 m2; and (iii) has no roof span (being the horizontal distance between supporting walls, posts or columns of the outbuilding) exceeding 3 m, and no part of the building being higher than 2.5 m above the natural surface of the ground; and (iv) is not being constructed, added to or altered so that any portion of the building is situated— (A) in front of any part of the building line of the building to which it is ancillary that faces the primary street; or (B) within 900 mm of a boundary of the land with a secondary street (if the land has boundaries on 2 or more roads); and (v) is not within 6 m of the intersection of 2 boundaries of the land where those boundaries both face a road, other than where a 4 x 4 m corner cut‑off has already been provided (and is to be preserved); (ab) a temporary structure on land on which a building, or part of a building, has been destroyed or significantly damaged by a bushfire or a flood if— (i) the structure is for the use of the owner of the land for the storage of goods or materials required to assist in the recovery and redevelopment of an area affected by the bushfire or flood (as the case may be); and (ii) the structure— (A) does not exceed 3 m in height (measured from ground level); and (B) does not exceed 12.5 m in length; and (C) does not exceed 2.5 m in width; and (iii) the structure does not remain on the land for a period exceeding 2 years; (b) a windmill or a flagpole that— (i) is not attached to a building and is not more than 10 m in height; or (ii) is attached to a building and is not more than 4 m in height above the topmost point of attachment to the building, exclusive of guy wires, and, if in a designated airport building heights area, is not more than the height restriction under the Planning and Design Code relating to structures in the location of the proposed development; (c) a swimming pool or spa pool (other than in a designated flood zone, subzone or overlay or in any other zone, subzone or overlay identified under the Planning and Design Code for the purposes of this paragraph) which is constructed in association with a dwelling and intended primarily for use by the occupants of that dwelling, and which— (i) does not have a depth exceeding 300 mm; or (ii) in the case of an aboveground or inflatable swimming pool or spa pool, does not incorporate a filtration system; (d) a fence not exceeding 2.1 m in height (measured from the lower of the 2 adjoining finished ground levels), other than— (i) a fence in— (A) a designated flood zone, subzone or overlay identified under the Planning and Design Code for the purposes of this subsubparagraph; or (B) in any other zone, subzone or overlay identified under the Planning and Design Code for the purposes of this subsubparagraph; or (ii) a fence in the Historic Area Overlay under the Planning and Design Code, or any other area identified under the Planning and Design Code for the purposes of this paragraph, that is situated on the boundary of the relevant allotment with a road (other than a laneway); or (iia) a fence in the Historic Area Overlay under the Planning and Design Code— (A) if there is no adjacent building facing the same road on to which the building faces—that is situated between the building line of the main face of a building and the road on to which the building faces; or (B) if there is an adjacent building facing the same road on to which the building faces—that is situated between a notional line drawn between the nearest front corner of each building to the other building and the road on to which the buildings face, (and for the purposes of this subparagraph buildings separated only by a laneway will still be taken to be adjacent); or (iib) a fence on land used, or to be used, for co‑located housing (the relevant land), other than a fence situated on the boundary of the relevant land and some other land; or (iii) a fence that exceeds (or would exceed) 1 m in height within 6 m of the intersection of 2 boundaries of land where those boundaries both face a road, other than where a 4 x 4 m corner cut‑off has already been provided (and is to be preserved); or (iv) — (A) a masonry fence; or (B) a fence any part of which is formed from masonry (including, for example, a fence that includes masonry piers or columns), that exceeds (or would exceed) 1 m in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels); or (v) a fence that is (or is to be) a safety fence for a swimming pool or spa pool which is approved for construction, or requires approval for construction, on or after 1 July 1993; or (vi) a brush fence that is (or is to be) closer than 3 m to an existing or proposed Class 1 or 2 building under the Building Code, with the distance to be measured from any part of the brush fence and from any part of an external wall of the building (being an external wall within the meaning of the Building Code) and with this subparagraph not extending to a repair of an existing brush fence that does not enlarge or extend the brush fence; (da) a dog fence established under the Dog Fence Act 1946; (e) a post and wire fence, other than a chain mesh fence, in a designated flood zone, subzone or overlay identified under the Planning and Design Code for the purposes of this paragraph; (f) a retaining wall (other than in a designated flood zone, subzone or overlay, or within 100 m of the coast measured from mean high water mark on the sea shore at spring tide) which retains a difference in ground levels not exceeding 1 m; (g) a water tank (and any supporting structure) which— (i) is part of a roof‑drainage system; and (ii) has— (A) in the case of a tank in a Bushfire Risk area within a Hazards (Bushfire—Outback) Overlay, Hazards (Bushfire—Regional) Overlay, Hazards (Bushfire—General Risk) Overlay, Hazards (Bushfire—Medium Risk) Overlay, Hazards (Bushfire—High Risk) Overlay or Hazards (Bushfire—Urban Interface) Overlay or any other zone or area in which the word "Bushfire" appears in the title of the zone or area under the Planning and Design Code—a total floor area not exceeding 15 m2 and a total volume not exceeding 60 000 L; or (B) in any other case—a total floor area not exceeding 10 m2 and a total volume not exceeding 40 000 L; and (iii) is located wholly above ground; and (iv) has no part higher than 4 m above the natural surface of the ground; (h) a temporary builder's office, shed, store or other similar building— (i) that is used for the purpose of storing materials or documents, providing amenities for workers, or for any other purpose connected with the performance of building work, other than to provide overnight accommodation; and (ii) that is to be removed at the completion of the relevant building work; and (iii) that is positioned on the ground and totally within the site of the building work; (i) a deck (other than in a bushfire prone area under regulation 98, the Historic Area Overlay under the Planning and Design Code or any other area identified under the Planning and Design Code for the purposes of this paragraph) which is used (or to be used) in association with an existing dwelling and which— (i) will not have any point on the floor of the deck that is higher than 500 mm above the natural surface of the ground; and (ii) will not have any portion of the deck situated within 900 mm of a boundary of the land; (j) a tree house or cubby house (being a structure that is intended to be used primarily by children for recreational purposes) that is ancillary to a dwelling and that has a total floor area not exceeding 5 m2; (k) the installation of a screen to 1 or more sides of a structure for the purposes of privacy if— (i) the screen comprises a permeable material (such as lattice or shadecloth) or is a plastic blind that is capable of being opened and closed; and (ii) neither the height nor the length of the screen exceeds the dimensions of the structure to which it is fixed; (l) the installation or construction of a masonry oven or similar structure used for the purpose of outdoor domestic cooking that does not exceed a total height of 2.0 m (excluding any flue or chimney). (2) Other than in respect of a local heritage place or the Historic Area Overlay under the Planning and Design Code, the installation of a garage or carport door (of any kind or style) if the garage or carport— (a) already exists on the site; and (b) is ancillary to another building which is erected on the site or for which consent has been granted by the relevant authority; and (c) does not have any portion in front of any part of the building line of the building to which it is ancillary that faces the primary street. (3) Other than in respect of a local heritage place or the Historic Area Overlay under the Planning and Design Code, the construction of a shade sail if— (a) the shade sail is to consist of permeable material; and (b) the area of the sail will not exceed 20 m2; and (c) no part of the sail will be more than 3 m above ground or floor level (depending on where it is to be situated); and (d) no part of the sail will be in front of any part of the building line of the building to which it is ancillary that faces the primary street. (4) Other than in respect of a local heritage place, the repair, maintenance or internal alteration of a building— (a) that does not involve demolition of any part of the building (other than the removal of fixtures, fittings or non load‑bearing partitions); and (b) that will not adversely affect the structural soundness of the building or the health or safety of any person occupying or using it; and (c) that is not inconsistent with any other provision of this Schedule. (5) Other than in respect of a local heritage place— (a) the installation of, or any alteration of or addition to, a building that is necessary for or incidental to the installation of— (i) an individual air handling unit mounted on a wall, window or floor; or (ii) a ceiling or roof fan or fan coil section of air conditioning systems not exceeding 100 kg and installed within the ceiling space; or (iii) an exhaust fan, where the item being installed does not encroach on a public street or affect the ability of the building to resist the spread of fire; or (b) the installation or alteration of a building or the making of any excavation or filling, that is necessary for or incidental to the installation of, any electrical, gas, water, sewage and sullage, or telecommunications service (including appliances and fittings), and which does not affect the ability of the building in which it is installed to resist the spread of fire; or (c) the construction of a pergola or similar structure designed to provide shade associated with an existing dwelling (whether attached to the building or freestanding)— (i) which does not have a solid roof; and (ii) each freestanding side of which is open (that is, not enclosed with a solid material); and (iii) no part of which is higher than 4 m above the ground; and (iv) which is not being constructed so that any part of the pergola or structure will be in front of any part of the building line of the dwelling to which it is ancillary that faces the primary street. (6) In respect of a local heritage place, the installation of, or an alteration of or addition to a building that is necessary for or incidental to the installation of— (a) an individual air handling unit mounted on a wall, window or floor; or (b) a ceiling or roof fan or fan coil section of air conditioning systems not exceeding 100 kg and installed within the ceiling space; or (c) an exhaust fan; or (d) any electrical, gas, water, sewage and sullage, or telecommunications service (including appliances and fittings), where the item being installed— (e) does not encroach on a public street or affect the ability of the place to resist the spread of fire; and (f) will not, when installed, be able to be seen by a person standing at ground level in a public street. (7) The external painting of a local heritage place— (a) where the painting involves the repainting of an existing painted surface in the same or similar colours and so as to provide the same or similar texture, finish and effect; or (b) without limiting paragraph (a), where the painting does not materially affect the heritage value of the place. (8) Subclause (7) does not apply in relation to painting of any building that is also within the ambit of Schedule 5 clause 6. (9) External painting of a building within an area identified under the Planning and Design Code for the purposes of paragraph (g) of the definition of development under section 3(1) of the Act where the painting involves the repainting of an existing painted surface in the same or similar colours and so as to provide the same or similar texture, finish and effect. (10) The repair, maintenance or replacement of an existing seawall, levee bank or other structure associated with coast protection where there is no change to the materials used for the purposes of the structure and no change to the form or dimensions of the structure. (11) The construction of a temporary building by, or with the authorisation of, a council where the building— (a) does not remain on the site for more than 60 days; and (b) is erected for the use of the council, or for some other public or community purpose approved by the council; and (c) does not carry any advertising material (other than material which is incidental to the purpose for which the building is erected). (12) Any work undertaken solely for the purposes of fitting a smoke alarm in accordance with the requirements under regulation 95. (13) For the purposes of this clause— (a) the primary street in relation to a building is the road that forms part of the street address of the building, as determined by the council for the relevant area when it is allocating numbers to buildings and allotments under section 220 of the Local Government Act 1999; and (b) a secondary street in relation to a building is any road, other than the primary street, that shares a boundary with the land where the building is situated (or to be situated); and (c) a reference to a fence includes any privacy screening attached to the fence. (14) In this clause— (b) any other form of dried vegetation material that has similar fire characteristics to Broombrush; masonry means stone, brick, terracotta or concrete block or any other similar building unit or material, or a combination of any such materials; road has the same meaning as in the Local Government Act 1999 but does not include an alley, lane or right of way; swimming pool includes a paddling pool. 5—Use of land and buildings (1) The use of land and the use of any lawfully erected building which is ordinarily regarded as (and is in fact) reasonably incidental to any particular use of the land and the building, or the land or the building, and which is for the substantial benefit of the person or persons who, in any capacity, are making use of the land and the building, or the land or the building. (2) The following uses of land or buildings (whether or not within the ambit of subclause (1)): (a) the carrying on of a home activity on land used for residential purposes; (b) without limiting paragraph (a), the use of any land or building for the display and sale of food produce if— (i) the total floor area of the display does not exceed 30 m2; and (ii) the use of the land for the display and sale of food produce does not have a significant detrimental effect on the amenity of the locality or any part of the locality; (c) the use of any land or building for the supply, conversion, transformation or control of electricity by 1 or more transformers or by any switchgear or other equipment used wholly or partly for supplying electricity to any part of such land or building; (d) the keeping of animals, birds, or other livestock (other than horses, sheep, alpacas, cattle, pigs, goats, donkeys and wild animals) solely for the domestic needs or enjoyment of the occupants of a dwelling (and land appurtenant to a dwelling), other than the use of land for the keeping of free‑flying birds within a designated airport building heights area; (da) the keeping of native animals pursuant to a permit for the rescue or rehabilitation of the animals under the National Parks and Wildlife Act 1972 if it is ancillary to the primary use of the land; (e) the parking of any vehicle not exceeding 3 000 kg in weight (including the weight of any attached trailer) on land used for residential purposes; (f) the parking of a caravan or motor‑home of any weight on land used for residential purposes by a person who is an occupant of a dwelling situated on that land; (fa) the parking of a caravan or other vehicle of any weight on land on which a dwelling, or part of a dwelling, has been destroyed or significantly damaged by a bushfire or a flood if the vehicle is to be used as accommodation by the owner of the land— (i) for a period not exceeding 2 years; or (ii) until a Class 1a building on the land is able to be occupied in accordance with Part 11 Division 3 or 4, whichever occurs first; (fb) the storage of goods or materials for a period not exceeding 2 years on land on which a building, or part of a building, has been destroyed or significantly damaged by a bushfire if the storage is for the use of the owner of the land to assist in the recovery and redevelopment of an area affected by the bushfire; (g) the carrying on of low impact entertainment on premises other than residential premises; (h) the operation of an approved family day care service, or a family day care service that is a residual early childhood service for which a service approval exists, at a residence. approved family day care service, family day care service, residence and service approval have the same respective meanings as in the Education and Care Services National Law (South Australia); low impact entertainment, in relation to premises, means live entertainment that is carried on— (a) inside a building; and (b) in accordance with the lawful use and occupation of the premises; and (c) in compliance with the Environment Protection Act 1993, but does not include— (d) prescribed entertainment within the meaning of section 105 of the Liquor Licensing Act 1997; or (e) entertainment that is to be carried on in connection with a proposed change of use of the premises; residual early childhood service has the same meaning as in section 16 of the Education and Early Childhood Services (Registration and Standards) Act 2011. 6—Special cemetery buildings The construction of a mausoleum in a public cemetery where— (a) the mausoleum is located more than 50 m from the boundaries of the cemetery; and (b) no part of the mausoleum is higher than 3 m above the natural surface of the ground; and (c) the mausoleum is not internally accessible to the public (including any relative of a deceased person). 7—Inground sewerage pumping stations (1) The construction of an inground sewerage pumping station (including any associated value chamber, electrical control or switching gear, and flue extending not more than 15 m above ground level)— (a) that has a total floor area not exceeding 8 m2 and a depth not exceeding 10 m; and (b) that is designed and constructed in accordance with specifications approved by the Minister responsible for the administration of the Water Industry Act 2012. (2) Subclause (1) does not apply to the construction of an inground sewerage pumping station with flue within a designated airport building heights area. 8—Inground water valve chamber The construction of an inground water valve chamber— (a) that has a total floor area not exceeding 15 m2 and a depth not exceeding 4 m; and (b) that is designed and constructed with specifications approved by the Minister responsible for the administration of the Water Industry Act 2012. 9—Certain building work outside council areas Building work in relation to a Class 10 building under the Building Code that is not within the area of a council, other than building work— (a) in a township, or in an Airport Building Heights (Aircraft Landing Areas) Overlay, Airport Building Heights (Regulated) Overlay, Coastal Areas Overlay, Conservation Zone, Historic Shipwrecks Overlay, Infrastructure (Airfield) Zone, Rural Settlement Zone, Significant Landscape Protection Overlay, Hazards (Acid Sulfate Soils) Overlay, Ramsar Wetlands Overlay, River Murray Flood Plain Protection Area Overlay, Tourism Development Zone, or Township Zone under the Planning and Design Code; or (b) in respect of a local heritage place; or (c) within 500 m of a road maintained by the State or Federal Government according to the South Australian Property and Planning Atlas; or (d) within 50 m of the boundaries of a township, or a Township Zone, Rural Settlement Zone or Tourism Development Zone under the Planning and Design Code; or (e) on land that is subject to the National Parks and Wildlife Act 1972; or (f) within part of the State described in Schedule 14; or (g) that consists of prescribed infrastructure within the meaning of clause 13 to the extent that it constitutes development under that clause. 10—Demolition of buildings (1) The demolition of the whole of a building, other than in respect of— (b) a building in a zone, subzone or overlay identified under the Planning and Design Code for the purposes of this paragraph. (2) The partial or total demolition of a building and associated structures if the building, or part of the building, has been destroyed or significantly damaged by a bushfire, other than in respect of a local heritage place or Historic Area Overlay in the Planning and Design Code. 11—Dams The excavation or filling (or excavation and filling) of land for the purposes of a dam, other than— (a) where a levee or mound with a finished height greater than 3 m above the natural surface of the ground is to be formed; or (b) where a retaining wall which retains a difference in ground levels exceeding 1 m is to be used or formed; or (c) where the dam is in— (i) a designated flood zone, subzone or overlay identified under the Planning and Design Code for the purposes of this subparagraph; or (ii) in any other zone, subzone or overlay identified under the Planning and Design Code for the purposes of this subparagraph; or (d) where the dam is to have a capacity exceeding 5 megalitres. 12—Amalgamation of land (1) The amalgamation of 2 or more contiguous allotments. (2) For the purposes of this clause, allotments separated only by a road or a road reserve will be regarded as contiguous. 13—Aerials, towers etc (1) Other than in respect of a local heritage place or in any other zone, subzone or overlay identified under the Planning and Design Code for the purposes of this subclause, the construction, alteration or extension of prescribed infrastructure (including any incidental excavation or filling) if— (a) the total height of the prescribed infrastructure, when constructed, altered or extended, will not exceed (taking into account attachments (if any))— (i) in the case of prescribed infrastructure not attached to a building— (A) in Metropolitan Adelaide—7.5 m or, in the case of prescribed infrastructure to be used solely by a person who holds an amateur licence under the Radiocommunications Act 1992 of the Commonwealth, 10 m; or (B) in any other case—10 m; or (ii) in the case of prescribed infrastructure attached to a building— (A) in a neighbourhood‑type zone under the Planning and Design Code in Metropolitan Adelaide—2 m; or (B) in any other case—4 m, above the topmost point of attachment to the building, disregarding any attachment by guy wires; and (b) in the case of prescribed infrastructure that is or incorporates, or has as an attachment, a microwave, satellite or other form of communications dish—the diameter of the dish will not exceed— (i) in a zone, subzone or overlay primarily designated for residential use under the Planning and Design Code or in the Historic Area Overlay under the Planning and Design Code—1.2 m; or (ii) in any other case—2.6 m. (2) In a zone, subzone or overlay identified under the Planning and Design Code for the purposes of this subclause, other than in respect of a local heritage place, the construction, alteration or extension of prescribed infrastructure attached to a building if— (a) the total height of the prescribed infrastructure, when constructed, altered or extended, will not exceed (taking into account attachments (if any)) 2 m above the topmost point of attachment to the building, disregarding any attachment by guy wires; and (b) in the case of prescribed infrastructure that is or incorporates, or has as an attachment, a microwave, satellite or other form of communications dish—the diameter of the dish will not exceed 1.2 m. (3) The construction, alteration or extension of prescribed subscriber connection telecommunications infrastructure at premises occupied or used by the subscriber, or in the immediate vicinity of those premises, where the infrastructure is located (or to be located) at a place that is not within the area of a council, other than infrastructure (or proposed infrastructure)— (a) in a township, or in an Airport Building Heights (Aircraft Landing Areas) Overlay, Airport Building Heights (Regulated) Overlay, Coastal Areas Overlay, Conservation Zone, Historic Shipwrecks Overlay, Infrastructure (Airfield) Zone, Rural Settlement Zone, Significant Landscape Protection Overlay, Hazards (Acid Sulfate Soils) Overlay, Ramsar Wetlands Overlay, River Murray Flood Plain Protection Area Overlay, Tourism Development Zone, or Township Zone under the Planning and Design Code; or (b) in respect of a local heritage place; or (c) within 500 m of a Key Outback and Rural Routes Overlay under the Planning and Design Code; or (d) within 50 m of the boundaries of a township, or a Township Zone, Rural Settlement Zone or Tourism Development Zone under the Planning and Design Code; or (e) on land that is subject to the National Parks and Wildlife Act 1972; or (f) within part of the State described in Schedule 14. (4) In this clause— building does not include prescribed infrastructure; neighbourhood‑type zone has the same meaning as in the Planning and Design Code; prescribed infrastructure means a non load‑bearing aerial, antenna, mast or open‑framed tower, or other similar structure (but not including an advertising hoarding); prescribed subscriber connection telecommunications infrastructure means any of the following when used (or to be used) in order to provide telecommunications facilities to a particular subscriber: (a) an aerial, antenna, mast, tower or pole if— (i) the total height of the structure (including attachments (if any)) does not (or will not) exceed 20 m; and (ii) in the case of a structure that is or incorporates, or has an attachment, a microwave, satellite or other form of communications dish—the diameter of the dish does not (or will not) exceed 2.4 m; (b) an equipment shelter or housing if— (i) its total floor area does not (or will not) exceed 10 m2; and (ii) its height does not (or will not) exceed 3.5 m; (c) an open‑lattice frame or pole mounted with a solar panel or panels if— (i) the total height of the frame or pole does not (or will not) exceed 4.5 m; and (ii) the total area of the panels does not (or will not) exceed 20 m2; subscriber means a subscriber to a telecommunications service. 14—Railway activities (1) Other than in respect of a local heritage place, the construction, alteration, extension, repair or maintenance (including any incidental excavation or filling) of any of the following: (a) railway track, other than— (i) track for a new railway line, but not including a siding or passing or crossing loop outside Metropolitan Adelaide that is to be less than 1 km in length; or (ii) track for an extension to an existing railway line where the length of new track is to be at least— (A) within Metropolitan Adelaide—500 m; (B) outside Metropolitan Adelaide—2 km; (b) infrastructure associated with a railway; (c) if associated with a railway— (i) a culvert or drain; or (ii) a pipe. (2) The construction, alteration, extension, repair or maintenance (including any incidental excavation or filling) of any of the following: (a) tram or light rail track on— (i) a public street or road; or (ii) land owned by, or under the care, control and management of a Crown agency or instrumentality; or (iii) unalienated Crown land; (b) infrastructure associated with a tramway or light railway; (c) if associated with a tramway or light railway— (i) a temporary builder's office, shed, store or other similar building; or (ii) a retaining wall; or (iii) a bridge, other than a pedestrian bridge; or (iv) a culvert or drain; or (v) a pipe. (3) Building work in relation to a Class 10 building under the Building Code on railway land which is not within the area of a council, other than where the building is, or is to be, within a township or 50 m from the boundary of a township. (4) The alteration, extension, repair or maintenance of— (a) a bridge over railway land; or (b) a railway tunnel, or a tunnel under railway land. (5) An alteration to an area used for vehicle access, carparking, or the standing of vehicles, in association with the use of a railway, tramway or light railway, or other railway, tramway or light railway activities. (5a) Subclauses (1) and (5) do not apply in relation to the construction of a new railway station. (6) For the purposes of this clause, a reference to infrastructure associated with a railway, tramway or light railway includes a reference to infrastructure and related works required for the operation or maintenance of activities related to the railway, tramway or light railway. (7) In this clause— infrastructure means any of the following: (a) track structures (including over or under track structures); (b) track supports; (c) any structure or equipment associated with any power, signalling, control or communications system (including signalling boxes, huts, gantries, masts, towers, poles and frames); (d) installations or equipment for lighting platforms or other parts of any station, yards or sidings, other than within a designated airport building heights area where the work exceeds the height restriction under the Planning and Design Code relating to structures in the location of the work; (e) warning, directional or other signs; (f) shelters and furniture, including information boards and seating, associated with any railway, tramway or light railway; (g) other infrastructure related to the operation or maintenance of railway, tramway or light railway activities; railway land means— (a) land within a rail corridor or rail reserve, including any associated sidings; and (b) railway yards; and (c) other land over which a railway track, or tram or light rail track, passes; railway line includes sidings and crossing or passing loops. 15—Gas infrastructure (1) Subject to subclause (2), the construction, alteration, extension, repair or maintenance (including any incidental excavation or filling) of gas infrastructure. (2) Subclause (1) does not apply where the gas infrastructure is within— (b) coastal land. gas infrastructure has the same meaning as in the Gas Act 1997, but does not include a transmission pipeline within the meaning of the Petroleum Act 2000. 16—Solar photovoltaic panels (1) Subject to subclause (2), the installation, alteration, repair or maintenance of a designated photovoltaic system on the roof of a building. (2) Subclause (1) does not apply— (a) to a designated photovoltaic system with a generating capacity of more than 5 MW that is to be connected to the State's power system; or (b) if the place where the designated photovoltaic system is installed is a local heritage place and, when installed, it is able to be seen by a person standing at ground level in a public street. designated photovoltaic system means— (a) a photovoltaic system comprising solar photovoltaic panels that have a total weight not exceeding 100 kg; or (b) a photovoltaic system comprising solar photovoltaic panels that have a total weight exceeding 100 kg if— (i) the weight load is distributed so that it does not exceed 100 kg at any 1 point of attachment to the roof; and (ii) the panels (and any associated components) do not overhang any part of the roof; and (iii) the panels are fitted parallel to the roof with the underside surface of the panels being not more than 100 mm above the surface of the roof; and (iv) the panels are installed by a person who holds an accreditation under a scheme recognised by the Minister for the purposes of this paragraph. 17—Aquaculture development Any form of aquaculture development in an aquaculture zone set out in an aquaculture policy under the Aquaculture Act 2001. 18—Removal of trees in certain cases (1) A tree‑damaging activity in relation to a regulated tree (including a tree that also constitutes a significant tree) if— (a) subject to this clause, the tree is on land on which development for the purposes of the provision of social infrastructure is being, or is to be, carried out by or on behalf of the relevant Minister (the relevant land); or (b) the tree is within 20 m of a dwelling in a Medium or High Bushfire Risk area within a Hazards (Bushfire Protection) Overlay under the Planning and Design Code; or (c) the tree is on land under the care and control of the Minister who has primary responsibility for the environment and conservation in the State; or (d) the tree is on land under the care and control of the Board of the Botanic Gardens and State Herbarium; or (da) the tree is on land on which a school that provides courses of instruction in primary or secondary education is located or is proposed to be built; or (e) the tree is dead. (1a) The following conditions are prescribed in respect of the exclusion under subclause (1)(a) insofar as the tree‑damaging activity constitutes the killing, destruction or removal of a regulated tree: (a) the relevant Minister must— (i) ensure the prescribed number of trees are planted and maintained on the relevant land, or on adjacent land or other land within the area of the council in which the relevant land is situated, to replace the regulated tree (with the cost of planting to be the responsibility of the relevant Minister and the cost of maintenance to be the responsibility of the owner of the land); or (ii) if the relevant Minister considers that it is not practicable for replacement trees to be planted in accordance with subparagraph (i)—ensure an amount calculated in accordance with a fee notice made for the purposes of the Act is made into the relevant fund in lieu of planting 1 or more replacement trees under subparagraph (i); (b) any replacement trees must satisfy the following criteria: (i) the trees are not trees within a species designated under regulation 3F(4)(b) (insofar as the designation of that species of tree applies to the location of the tree‑damaging activity); (ii) the trees are not planted within 3 m of an existing dwelling or an existing in‑ground swimming pool. (1b) For the purposes of subclause (1a)(a)(i), the prescribed number of trees is— (a) if the tree‑damaging activity is in relation to a regulated tree—2 trees to replace the regulated tree; or (b) if the tree‑damaging activity is in relation to a significant tree—3 trees to replace the significant tree. (2) For the purposes of subclauses (1)(b) and (1a)(b)(ii), the distance between a dwelling or swimming pool and a tree will be measured from the base of the trunk of the tree (or the nearest trunk of the tree to the dwelling or swimming pool) to the nearest part of the dwelling or swimming pool at natural ground level. relevant fund has the same meaning as in section 127(7) of the Act; relevant Minister means the Minister responsible for the administration of the Highways Act 1926; social infrastructure means buildings or areas that facilitate the delivery of social services by a government or other service provider (whether a fee is charged for the service or not); social services includes health services, disability services, aged care, childcare, education, justice and emergency services, arts and culture, sport and recreation, social housing and any other service provided for community benefit. 19—Cultana Training Area (1) An act or activity carried out within the Cultana Training Area by or on behalf of, or with the authority or permission of, the Commonwealth Department of Defence or an arm of the Australian Defence Force. Cultana Training Area means the land comprised by the following: (a) the Allotment comprising Pieces 81, 82 and 83 in Deposited Plan 85852 Out of Hundreds (Port Augusta); (b) Allotment 6 in Deposited Plan 88907 Hundred of Handyside County of Manchester and Out of Hundreds (Port Augusta); (c) Sections 4, 13, 14 and 15, Hundred of Jenkins County of Manchester; (d) Allotment 7 in Deposited Plan 29397 Out of Hundreds (Port Augusta); (e) the Allotment comprising the Pieces 8, 9, 10 and 11 in Deposited Plan 29397 Out of Hundreds (Port Augusta); (f) Allotment 68 in Deposited Plan 85851 Hundred of Cultana County of York; (g) Allotment 72 in Deposited Plan 85851 Hundred of Cultana County of York; (h) the Allotment comprising Pieces 30, 31 and 32 in Deposited Plan 85850 Out of Hundreds (Whyalla), Out of Hundreds (Port Augusta) and Hundred of Cultana County of York; (i) Allotment 67 in Deposited Plan 93251, Hundred of Cultana County of York and Out of Hundreds (Port Augusta). 20—Recreation paths (1) The following development undertaken by or on behalf of the Crown, a council or other public authority: (a) the construction, reconstruction, alteration, repair or maintenance of a recreation path (including on coastal land); (b) any ancillary development in connection with such a path, including— (i) excavation, importation of fill and other earthworks; and (ii) footings and other support structures; and (iii) landscaping; and (iv) the installation of— (A) safety features; and (B) directional signs, information boards, lighting, seating, weather shelters, rubbish bins or other street furniture. recreation path means a path that— (a) is under the care, control and management of the Crown, a council or other public authority; and (b) is open to the public for walking, cycling or similar recreational activities, without payment of a charge, and includes a boardwalk. 21—Car parks etc in Osborne area of City of Port Adelaide Enfield (1) The following development undertaken within the designated Osborne area: (a) development— (i) for the purposes of car parks and pedestrian bridges over a railway; and (ii) involving the temporary placement of soil and other materials related to development in the vicinity of the designated Osborne area for the purposes of constructing a facility for the making of ships or a facility for the making of submarines (or both); (b) development that is ancillary to development within the ambit of paragraph (a), including— (i) excavation, importation of fill and other earthworks; and (ii) footings and other support structures; and (iii) landscaping; and (iv) the installation of— (A) safety features; and (B) directional signs, information boards, lighting, seating, weather shelters, rubbish bins or other street furniture. designated Osborne area—the designated Osborne area is comprised of— (a) the area designated as "car park" in the map set out in Schedule 16; and (b) the area designated as "car park" in the map set out in Schedule 17.