Sch 9Referrals

Schedule 9—Referrals 1—Interpretation (1) In relation to each item in the table in clause 3— (a) development that falls within the ambit of column 1, other than such development that is classified as deemed‑to‑satisfy development, is prescribed as a class of development for the purposes of section 122 of the Act; and (b) the body referred to in column 2 is prescribed as the body to which the relevant application is referred for the purposes of section 122 of the Act; and (c) the term Direction specified in column 3 in Part A of the table means that the prescribed body may direct the relevant authority (subject to any qualification referred to in the relevant item)— (i) to refuse the relevant application; or (ii) if the relevant authority decides to consent to or approve the development—subject to any specific limitation under another Act as to the conditions that may be imposed by the prescribed body, to impose such conditions as the prescribed body thinks fit, (and that the relevant authority must comply with any such direction); and (ca) the term Direction to impose conditions specified in column 3 in Part A of the table means that the prescribed body may, if the relevant authority decides to consent to or approve the development, direct the relevant authority to impose such conditions as the prescribed body thinks fit (subject to any qualification referred to in the relevant item and any specific limitation under another Act as to the conditions that may be imposed by the prescribed body) and that the relevant authority must comply with any such direction; and (cb) the term Advice specified in column 3 in Part B of the table means that the relevant authority must not make its decision until it has received a response from the prescribed body in relation to the matter or matters for which the referral was made (provided that the prescribed body complies with section 122 of the Act in relation to the provision of its response); and (d) the period referred to in column 4 is prescribed for the purposes of section 122(1)(b) of the Act. (2) Despite the provisions of these regulations and, in particular, items 15 and 16 of the table in clause 3, an application within the ambit of an exemption from the requirement to be referred to the Minister for the River Murray under section 122 of the Act published by that Minister under section 22(18) of the River Murray Act 2003 need not be referred to that Minister under this Schedule (and will not be subject to a prescribed fee with respect to the referral of the application). An exemption issued by the Minister for the River Murray under section 22(18) of the River Murray Act 2003 must be published in the Gazette. A list of the exemptions that have been issued may be found on the website of the Department for Environment and Water. (3) The Planning and Design Code may specify all development within an overlay or area (to which an item in the table in clause 3 applies) as a class of development for the purposes of the item. (4) Item 9AB of the table in clause 3 does not apply in relation to a development involving the division of land if— (a) a site contamination audit report has been prepared in relation to the land within the previous 5 years which states that— (i) site contamination does not exist (or no longer exists) at the land; or (ii) the land is suitable for the proposed use or uses (without the need for any further remediation); or (iii) where remediation is, or remains, necessary for the proposed use (or range of uses), remediation work has been undertaken or will be undertaken, and the applicant has provided a written undertaking that the remediation works will be undertaken in association with the development; and (b) no other class 1 activity or class 2 activity has taken place at the land since the preparation of the site contamination audit report (as declared in the site contamination declaration form); and (c) the application is accompanied by a copy of the site contamination audit report. 2—Deferral of referral For the purposes of section 122(11) of the Act, the following provisions apply to a request under section 122(10) that a relevant authority defer a referral of an application under this Schedule to a particular stage in the process of assessment: (a) in the case of a development to which item 18 of the table in clause 3 applies—a request may only be made during the period commencing on lodgement of the application and ending on the granting of planning consent in respect of the development; (b) in any other case—a request may not be made in relation to the application. 3—Table Development Body Function Period Part A 1—Airports (a) in the Airport Building Heights (Regulated) Overlay under the Planning and Design Code; and Airport‑operator company for the relevant airport within the meaning of the Airports Act 1996 of the Commonwealth or, if there is no airport‑operator company, Secretary of the Department of the Minister responsible for the administration of the Airports Act 1996 of the Commonwealth 2—Development in high bushfire risk areas (a) within a Hazards (Bushfire—High Risk) Overlay under the Planning and Design Code; and South Australian Country Fire Service 3—Development near the coast (a) in the Coastal Areas Overlay under the Planning and Design Code; and Coast Protection Board 4—Future road widening (a) in the Future Road Widening Overlay under the Planning and Design Code; and 5—Historic shipwrecks (State) (a) in the Historic Shipwrecks Overlay under the Planning and Design Code; and Minister responsible for the administration of the Historic Shipwrecks Act 1981 6—Historic shipwrecks (Commonwealth) (a) in the Historic Shipwrecks Overlay under the Planning and Design Code; and Commonwealth Minister responsible for the administration of the Underwater Cultural Heritage Act 2018 of the Commonwealth 7—Development affecting transport routes and corridors (a) in the Key Outback and Rural Routes Overlay, Major Urban Transport Routes Overlay, Non‑Stop Corridors Overlay, Traffic Generating Development Overlay or Urban Transport Routes Overlay under the Planning and Design Code; and 8—Tunnel Protection Overlay (a) in the Tunnel Protection Overlay under the Planning and Design Code; and 20 business days 8A—Infrastructure Coordination Overlay (a) in the Infrastructure Coordination Overlay under the Planning and Design Code; and The Scheme Coordinator established under section 165 of the Act in relation to an infrastructure delivery scheme under Part 13 Division 1 of the Act in operation in the relevant area of the Infrastructure Coordination Overlay under the Planning and Design Code. 30 business days 9—Activities of environmental significance Development— (a) that involves, or is for the purposes of, an activity specified by the Planning and Design Code as an activity of environmental significance to which this item applies; or (b) that is— (i) in the Mount Lofty Ranges Water Supply Catchment (Area 1) Overlay, Mount Lofty Ranges Water Supply Catchment (Area 2) Overlay, River Murray Flood Plain Protection Area Overlay or Water Protection Area Overlay under the Planning and Design Code; and (ii) specified by the Planning and Design Code as development of a class to which this item applies. 9A—Site contamination 9AB—Site contamination—land division Subject to clause 1(4) (of this Schedule), development involving the division of land if— (a) Schedule 8 clause 2A(1)(b) applies to the application in respect of the development; and (b) site contamination exists or may exist at the land because of 1 or more of the following circumstances: (i) a class 1 activity has been conducted on the land or on adjacent land; (ii) a class 2 activity has been conducted on the land; (iii) the land or adjacent land is the subject of a section 83A notification under the Environment Protection Act 1993 that appears on the South Australian Property and Planning Atlas; (iv) the land is within a groundwater prohibition area; (v) the land is the subject of a notation on the certificate of title for the land under section 103P of the Environment Protection Act 1993 that a site contamination audit report has been prepared. 9B—Gas and Liquid Petroleum Pipelines Overlay and Gas and Liquid Petroleum Pipelines (Facilities) Overlay (a) in the Gas and Liquid Petroleum Pipelines Overlay or Gas and Liquid Petroleum Pipelines (Facilities) Overlay under the Planning and Design Code; and Chief Executive of the Department of the Minister responsible for the administration of the Petroleum and Geothermal Energy Act 2000 10—Certain activities in Murray‑Darling Basin Area (a) in the Murray‑Darling Basin Overlay under the Planning and Design Code; and 11—Native vegetation (a) within the Native Vegetation Overlay or the State Significant Native Vegetation Overlay under the Planning and Design Code; and (b) is specified by the Planning and Design Code as development of a class to which this item applies. Native Vegetation Council 12—Activities that would otherwise require permit under Landscape South Australia Act 2019 that may impact on water resources Development that— (i) is in the Prescribed Surface Water Area Overlay, Prescribed Watercourses Overlay or Prescribed Water Resources Overlay under the Planning and Design Code; or (ii) relates to a dam; or (iii) relates to commercial forestry; and (b) is specified by the Planning and Design Code as development of a class to which this item applies. Relevant authority under the Landscape South Australia Act 2019 that would, if it were not for the operation of section 106(1)(e) of that Act, have the authority under that Act to grant or refuse a permit to undertake the development referred to in column 1 13—Activities that may give rise to water allocation issues under Landscape South Australia Act 2019 that involve the taking of water Development that— (i) is in the Prescribed Surface Water Area Overlay, Prescribed Water Resources Area Overlay, Prescribed Watercourses Overlay or Prescribed Wells Area Overlay under the Planning and Design Code; and (ii) is specified by the Planning and Design Code as development of a class to which this item applies; or (b) will involve the construction or enlargement of a dam in part of the State within the ambit of a notice under section 109 of the Landscape South Australia Act 2019. Chief Executive of the Department of the Minister responsible for the administration of the Landscape South Australia Act 2019 14—Mining (a) in a Resource Extraction Zone or Resource Extraction Protection Area Overlay under the Planning and Design Code; and Minister responsible for the administration of the Mining Acts 15—Development in River Murray Flood Plain Protection Area (a) in the River Murray Flood Plain Protection Area Overlay under the Planning and Design Code; and 16—Development in River Murray Tributaries Protection Area (a) in the River Murray Tributaries Protection Area Overlay under the Planning and Design Code; and 17—State heritage places (a) in the State Heritage Place Overlay, State Heritage Area Overlay or the Heritage Adjacency Overlay under the Planning and Design Code; and Minister responsible for the administration of the Heritage Places Act 1993 18—Electricity infrastructure Technical Regulator 19—Aquaculture development Aquaculture development specified by the Planning and Design Code as development of a class to which this item applies, other than such development that is excluded from the application of this item by the Planning and Design Code. Minister responsible for the administration of the Aquaculture Act 2001 20—Affordable housing (a) in the Affordable Housing Overlay under the Planning and Design Code; and Minister responsible for the administration of the South Australian Housing Trust Act 1995 Direction to impose conditions Part B 21—Advertisements near signalised intersections (a) in the Advertising Near Signalised Intersections Overlay under the Planning and Design Code; and 22—Design (a) in the Design Overlay under the Planning and Design Code; and Government Architect or Associate Government Architect 23—Land division near landfill waste depots