Sch 6Relevant authority—Commission

Schedule 6—Relevant authority—Commission 1—Areas of all councils (1) The following classes of development in the areas of all councils: (a) development undertaken by the South Australian Housing Trust, either individually or jointly with other persons or bodies, or by a provider registered under the Community Housing National Law participating in a program relating to the renewal of housing endorsed by the South Australian Housing Trust, other than— (i) the alteration of, or an addition to, an existing building; or (ii) the construction of an outbuilding ancillary to, or associated with, an existing building; or (v) a tree‑damaging activity undertaken in relation to a regulated tree that is not associated with an application for building work on the relevant land; or (vi) development which is classified as deemed‑to‑satisfy under section 106 of the Act; (b) development undertaken by the Urban Renewal Authority established under the Urban Renewal Act 1995, either individually or jointly with other persons or bodies, other than— (i) the alteration of, or an addition to, an existing building; or (ii) the erection of an outbuilding ancillary to, or associated with, an existing building; or (iii) the commencement of an advertising display in relation to a division of land if the display is not situated on the site of the division of land and if the display is a real estate "for sale" or "for lease" sign, subject to the condition that the sign— (iv) the construction of a dwelling on a site if approval of the division of land in relation to the site on which the dwelling is to be situated has been authorised by the Commission for use for residential purposes. (2) The following classes of development in the areas of all councils: (a) prescribed mining operations, excluding the construction or excavation of borrow pits; (b) development within a precinct under the Urban Renewal Act 1995, other than development within the precinct that falls within a class of development specified as development that is to be taken to be deemed-to-satisfy development for the purposes of the Planning, Development and Infrastructure Act 2016. (3) Development situated in the areas of 2 or more councils, other than in a case where a regional assessment panel has been constituted in relation to the area in which the development is situated. 2—Adelaide Park Lands (1) The following classes of development within the Adelaide Park Lands: (a) development undertaken by a State agency (other than in partnership or joint venture with a person or body that is not a State agency); (b) development undertaken by a State agency for the purposes of essential infrastructure (whether or not in partnership or joint venture with a person or body that is not a State agency); (c) development undertaken by a person where the development is initiated or supported by a State agency for the purposes of the provision of essential infrastructure and specifically endorsed by the State agency for the purposes of this clause; (d) without limiting a preceding paragraph, development undertaken for the purposes of the provision of electricity infrastructure. (2) In subclause (1)— electricity infrastructure has the same meaning as in the Electricity Act 1996; State agency has the same meaning as in section 131 of the Act. 3—City of Adelaide—developments over $10m (1) Development in the area of The Corporation of the City of Adelaide where the total amount to be applied to any work, when all stages of the development are completed, exceeds $10 million. 4—Buildings exceeding 4 storeys (1) Development that involves the erection or construction of a building that exceeds 4 storeys in height in any zone, subzone or overlay identified under the Planning and Design Code for the purposes of this clause. 4A—Morphettville and Camden Park—buildings exceeding 4 storeys (1) Development that involves the erection or construction of a building that exceeds 4 storeys in height in an Urban Neighbourhood Zone under the Planning and Design Code in the suburb of Morphettville or Camden Park. 4B—Corporation of Town of Walkerville—buildings exceeding 4 storeys Development in the area of The Corporation of the Town of Walkerville that involves the erection or construction of a building that exceeds 4 storeys in height and is in the Design Overlay under the Planning and Design Code. 5—City of Port Adelaide Enfield—developments over $3m in identified area (1) Development in any zone, subzone or overlay in the City of Port Adelaide Enfield identified under the Planning and Design Code for the purposes of this clause where the total amount to be applied to any work, when all stages of the development are completed, exceeds $3 million. 6—West Beach Recreation Reserve All classes of development on that land bounded by bold black lines in the Schedule to the West Beach Recreation Reserve Act 1987. 7—Private Open Space All classes of development on land subject to a proclamation continued in force and effect by virtue of Schedule 8 clause 37 of the Act or the Statutes Repeal and Amendment (Development) Act 1993, being a proclamation— (a) made under section 62 of the Planning Act 1982; or (b) having the force and effect of a proclamation made under section 62 of the Planning Act 1982. 8—City of Charles Sturt—developments over $3m in identified area (1) Development in any zone in the City of Charles Sturt identified under the Planning and Design Code for the purposes of this clause where the total amount to be applied to any work, when all stages of the development are completed, exceeds $3 million. (2) Without limitation, subclause (1) applies to— (a) a variation of an application for development referred to in section 119(9)(a) of the Act if the development proposed to be varied has previously been given development authorisation under this clause and the Commission is the relevant authority in respect of the authorisation; and (b) proposed development that the Commission considers to be ancillary to or in association with development that has previously been given development authorisation under this clause if the Commission is the relevant authority in respect of the authorisation, but does not apply if— (c) the development that was previously given development authorisation is deemed-to-satisfy development or comprised of a building in relation to which a certificate of occupancy has been issued; or (d) in the case of paragraph (a)—the proposed variation is deemed-to-satisfy development; or (e) in the case of paragraph (b)—the proposed development is deemed-to-satisfy development. 9—Certain electricity generators (1) Development for the purposes of the provision of electricity generating plant with a generating capacity of more than 5 MW that is to be connected to the State's power system. (2) A reference in subclause (1) to electricity generating plant is a reference to electricity generating plant within the ambit of paragraph (a) of the definition of electricity infrastructure in section 4(1) of the Electricity Act 1996. 9A—Data centres Development for the purposes of a data centre. 10—Railways (1) Development for purposes connected with the construction or operation of a railway that is to be undertaken on railway land. (2) In subclause (1)— railway land has the same meaning as in Schedule 4 clause 14(7). 11—Show grounds Development in a zone, subzone or overlay primarily designated for use in connection with show grounds identified under the Planning and Design Code for the purposes of this clause where the total amount to be applied to any work, when all stages of the development are completed, exceeds $4 million. 12—Kangaroo Island—tourism development over $3m in certain conservation areas Development for the purposes of tourism in those parts of the area of the Kangaroo Island Council within the Conservation Zone under the Planning and Design Code where the total amount to be applied to any work, when all stages of the development are completed, exceeds $3 million. 12A—Tourist accommodation in reserves Development for the purposes of tourist accommodation in a reserve constituted under the National Parks and Wildlife Act 1972. 13—University developments over $10m Development on land within Metropolitan Adelaide exceeding 10 000 m2 occupied by a university if the total amount to be applied to any work, when all stages of the development are completed, exceeds $10 million. 14—National Naval Shipbuilding Subzone Development in the National Naval Shipbuilding Subzone under the Planning and Design Code. 15—Temporary accommodation for certain workers (1) The construction or placement of a temporary building or structure on land within a designated area to be used as accommodation for a period not exceeding 2 years by persons employed or engaged in designated work. (2) Pursuant to section 99(3) of the Act, where a proposed development is of a kind referred to in subclause (1) and is to be undertaken within the area of a council, the Commission will be the relevant authority for the purposes of, if appropriate, granting the final development approval after all elements of the development have been approved by 1 or more relevant authorities under section 99. designated area has the same meaning as in Schedule 6A clause 1; designated work has the same meaning as in Schedule 6A clause 1. 16—District Council of Coober Pedy Development in the area of the District Council of Coober Pedy. 17—Variations of authorisations and ancillary or associated development Development, other than development involving a building in relation to which a certificate of occupancy has been issued— (a) under an application to vary a development authorisation in respect of which the Commission is the relevant authority; or (b) which, in the opinion of the Commission, is ancillary to or in association with a development the subject of an authorisation in respect of which the Commission is the relevant authority.