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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Development (Assessment) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Development
Act 1993
; and to make a related variation to the
Development
Regulations 2008
.
Contents
Part 2—Amendment of Development
Act 1993
4Amendment of section 5—Interpretation of
Development Plans
5Amendment of section 33—Matters against
which development must be assessed
6Amendment of section 35—Special provisions
relating to assessment against Development Plan
7Amendment of Development
Regulations 2008
Schedule 1—Variation
of Development Regulations 2008
1Variation of regulation
3—Interpretation
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Development (Assessment) Amendment
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Development
Act 1993
4—Amendment
of section 5—Interpretation of Development Plans
(1) Section 5(3)—delete "the Presiding Member of the Advisory
Committee has certified that the requirements of subsection (5) have been
complied with in relation to that regulation" and substitute:
the Minister has given the LGA notice of the proposal to make the
regulation and given consideration to any submission made by the LGA within a
period (of between 3 and 6 weeks) specified by the
Minister
(2) Section 5(4) and (5)—delete subsections (4) and (5)
and substitute:
(4) In addition, the Minister may consult with the Advisory Committee on
the proposal to make the regulation and give consideration to any submission
made by the Advisory Committee.
5—Amendment
of section 33—Matters against which development must be
assessed
Section 33—after subsection (3) insert:
(3a) To avoid doubt, in relation to a proposed development that requires
more than 1 consent for the approval of the development, a relevant
authority is not required to grant the consents in any particular
order.
6—Amendment
of section 35—Special provisions relating to assessment against
Development Plan
Section 35—after subsection (1b) insert:
(1ba) Without derogating from subsection (1b), if a relevant
authority assesses a development as being a minor variation from
complying development and the variation is consistent with any guidelines
published by the Minister by notice in the Gazette, that variation is to be
taken to be a minor variation for the purposes of this Act.
7—Amendment
of Development
Regulations 2008
(1) The
Development
Regulations 2008
are varied in the manner set out in
Schedule 1
.
(2) The variation of the
Development
Regulations 2008
by this Act does not prevent the later variation or revocation of those
regulations by another regulation.
Schedule 1—Variation
of Development
Regulations 2008
1—Variation
of regulation 3—Interpretation
Regulation 3—after subregulation (3) insert:
(3a) A reference in a term set out in Schedule 1 to a dwelling
occupying a site that is held exclusively with that dwelling—
(a) will be taken to be a reference to the site being held exclusively for
the purposes of occupation or use of the dwelling; and
(b) will not be taken to require separate ownership of, or title to, the
site.