Sch 4AExclusions from definition of development—essential infrastructure

Schedule 4A—Exclusions from definition of development—essential infrastructure 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 3CA. For example, that regulation provides that an exclusion under Schedule 4A does not apply in respect of a State heritage place. 1—Essential infrastructure (1) The following forms of development, other than within the Adelaide Park Lands: (a) 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)— (i) accepted development or deemed‑to‑satisfy development under the Planning and Design Code; or (ii) 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 (iii) the development of land dedicated under the National Parks and Wildlife Act 1972, other than on or under land that is subject to coastal processes, or in relation to which there is evidence to suggest that the land is likely to be affected by coastal processes within the foreseeable future, unless the Coast Protection Board has authorised the development; or (iv) the construction, reconstruction or alteration of, or addition to, a building contained within the existing security‑fenced area of an existing electricity substation; or (v) the construction, reconstruction or alteration of, or addition to, a building which is to be located wholly underground, other than on or under land which is subject to coastal processes, or in relation to which there is evidence to suggest that the land is likely to be affected by coastal processes within the foreseeable future; (b) the construction, reconstruction, alteration, repair or maintenance of any underground cable, other than under land which is subject to coastal processes or in relation to which there is evidence to suggest that the land is likely to be affected by coastal processes within the foreseeable future; (c) the undertaking of any temporary development which is required in an emergency situation in order to— (d) a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above; (e) 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; (f) the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more; (fa) the repair or maintenance of electricity infrastructure (within the meaning of the Electricity Act 1996) for the purposes of maintaining the reliability and security of the supply of electricity; (g) 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 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. (2) The following forms of development within the Adelaide Park Lands: (a) 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)— (i) 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 (ii) the alteration of, or addition to, a building contained within the existing security‑fenced area of an existing electricity substation; or (iii) 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 (iv) without limiting subparagraph (iii), the construction or reconstruction of a building— (B) which is intended only to house electricity infrastructure (within the meaning of the Electricity Act 1996); 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; (b) the construction, reconstruction, alteration, repair or maintenance of any underground cable; (c) the undertaking of any temporary development which is required in an emergency situation in order to— (d) a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above; (e) 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; (f) the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more.