South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
- under the Development Act 1993
TABLE OF PROVISIONS
Part
1—Preliminary 1Short title 3Interpretation 4Adoption of Building Code 5Application of Act 5APresumption with respect to division
of certain buildings 5AAExclusion of certain classes of
development from requirement to obtain development plan consent
Part
2—Development 6Additions to definition of
development 6ARegulated and
significant trees 6BAboveground and inflatable
pools 6CExternal painting
in prescribed areas 7Exclusions from definition of
development 8Exclusions
from definition of development—Colonel Light Gardens State Heritage
Area 8AComplying
development—development plan consent 8BComplying
building work—building rules
Part
3—Development plans 9Statement of Intent 9AInfrastructure planning 10Consultation with Minister for the
River Murray 10AConsultation with government
Departments or agencies 11Prescribed certificate of
CEO—section 25 11APublic
consultation—sections 25 and 26 12Public meeting 13Council report 13ALapse of
DPA—section 25 14Prescribed plans etc
Part
4—Applications for development approval 15Application to
relevant authority 16Nature of
development 17Non-complying
development 18Notification
of application for tree-damaging activity to owner of land 18AApplication and provision of
information 19Period for
additional information and other matters 20Amended applications 21Certification of building indemnity
insurance 22Withdrawing/lapsing
application 23Contravening
development
Part
5—Referrals and concurrence 24Referrals 25Procedure where concurrence
required 26Form of
response 27Additional
information or amended plans 28Special
provisions—referrals 29Land division
applications 30Underground
mains areas 31Appeals 31APreliminary advice and
agreement—section 37AA
Part
6—Public notice and consultation 32Public notice
categories 33Giving of
notice 34Public inspection
of certain applications 35Lodging written
representations 36Response
by applicant 37Notice of
hearing of submissions
Part
7—Assessment of developments by Commission 38Determination of Commission as
relevant authority 39Assessment in respect of Building
Rules referred to the council 40Issue of building rules consent
other than by a council
Part
8—Determination of an application 41Time within which decision must be
made 42Notification of
decision to applicant (including conditions) 43Notification of
decision to a prescribed body 44Notification of
decision to owner of land 45Scheme description—community
titles 46Special provision
relating to staged consents 47Endorsed plans 47AMinor variations
of development authorisations 48Lapse of
consent or approval
Part
9—Special provisions relating to land division
Division
1—Preliminary 49Interpretation
Division
2—Prescribed requirements—general land division 50Prescribed requirements 51Width of roads and
thoroughfares 52Road
widening 53Requirement as
to forming of roads 54Construction of
roads, bridges, drains and services 55Supplementary
provisions
Division
3—Open space contribution scheme 56Open space contribution
scheme
Division
4—Certificate in respect of division of land 57Exclusion from requirement to
obtain a certificate1 58General land division 59Division of land by strata
title 60General
provisions
Part
10—Major developments or projects 61Declaration by the
Minister—section 46 62Reference of matters to Development
Assessment Commission 63Prescribed criteria 63APrescribed time period 63BPrescribed fee 63CEIS process—specific
provisions 63DPER
process—specific provisions 63EDR—specific
provisions 64Referral of
assessment of building work 64ACancellation of development
authorisation—section 48 65Notification of
decision
Part
11—Development under Division 3 or 3A of Part 4 of
Act
Division
1—Crown development by State agencies 66Exclusions from definition of State
agency 67Development
excluded from approval and notice 67ADevelopment in Institutional
(Riverbank) Zone
Division
2—Development involving electricity infrastructure 68Prescribed
persons 69Development
excluded from approval and notice
Division
3—General provisions 70Related
provisions 71Lapse of
approval
Part
12—Regulation of building work
Division
1—Preliminary 72Interpretation 73Development Assessment Commission
to act outside council areas
Division
2—Notifications 74Notifications
during building work
Division
3—Building work affecting other land 75Building work affecting other
land
Division
4—Safety, health and amenity 76Essential
safety provisions 76AFire
safety requirements—caravan parks and residential parks 76BFire safety
requirements—smoke alarms in dwellings 76CFire safety
requirements—brush fences 76DSwimming pool safety 76ESwimming pool safety
requirements—construction of fences and barriers 77Health and amenity
Division
5—General 78Building Rules:
bushfire prone areas 78AAOn-site retention of
stormwater 78ABuilding
work on designated Aboriginal lands 78BControl of external
sound 79Construction
Industry Training Fund 80Requirement to up-grade building in
certain cases 80AModification of
Building Code (disability access requirements) 80ABBuilding inspection
policies 80ABAFire safety
relating to existing class 2 to 9 buildings
Part
13—Classification and occupation of buildings 81Preliminary 82Classification of
buildings 83Certificates of
occupancy 83AOccupation of
Class 1a buildings 83ABStatement of
Compliance 83BSwimming
pools
Part
14—Mining production tenements 84Mining production
tenements
Part
15—Advice and certification
Division
1—Prescribed qualifications 85Interpretation 86Qualifications in
planning 87Qualifications
in building 88Certificate
of independent technical expert in certain cases
Division
2—Private certification 89Private
certification—authorised functions 90Engagement of private
certifier 91Qualifications 92Provision of
information 93Insurance 93ARegister of
private certifiers 93BPerson must avoid conflict of
interest as a private certifier
Part
16—Miscellaneous 94Service of
notices 95Fees 96Prescribed rate of
interest 97Limitation on
time when action may be taken 98Register of applications 99Register of land management
agreements 100Land
management agreements—development applications 101Documents to be preserved by a
council 102Documents to be
provided by private certifier 103Complaints
relating to development plan or building work assessment 103ABuilding Rules assessment
audits 103ABDevelopment
Plan assessment audits 104Transfer of development
potential 105Accreditation
of building products 106Adoption of codes and
standards 107Constitution
of statutory committees 108Special committees for certain
developments—section 34(1)(b)(vi) 109Notice of appointment of member of
a panel 110Delegations 111Application of Fund 112General offence 113Notification of urgent
work 114Declaration of
commercial competitive interest 115System indicators 116Disclosure of financial
interests—assessment panels 117Regulated and significant
trees—further provisions 118Assessment of requirements on
division of land—water and sewerage 119Applications relating to certain
electricity generators—fee for issue of certificate by Technical
Regulator
Schedule
1—Definitions
Schedule
1A—Development that does not require development plan
consent 1Preliminary 2Brush
fences 3Outbuildings 4Carports and
verandahs 5Swimming
pools 6Spa
pools 7Shade
sails 8Water tanks (above
ground) 9Water tanks
(underground) 9APrivate
bushfire shelters 10Solar
photovoltaic panels 11Internal building
work 12Demolition 13Renewing our Streets and Suburbs
Stimulus Program 13AFlinders Chase National Park
Tourism development 14Diplomatic mission
development 15Development
associated with Institutional (Riverbank) Zone 16Building work on railway
land 17Horticultural
netting
Schedule
2—Additional acts and activities constituting
development
Schedule
3—Acts and activities that are not development A1Application of Schedule
3 1Advertising
displays 2Council
works 3Land
division 4Sundry minor
operations 5Use of land
and buildings 6Special
cemetery buildings 7Inground sewerage pumping
stations 8Inground water
valve chamber 9Certain
building work outside council areas 10Dams 11Amalgamation of land 12Aerials, towers
etc 13Railway
activities 14Gas
infrastructure 15Solar
photovoltaic panels 16Aquaculture development 17Removal of trees in certain
cases 18Cultana Training
Area 19Recreation
paths 20Car park etc in
Osborne area of City of Port Adelaide Enfield 21Demolition of building destroyed or
damaged by bushfire
Schedule
3A—Colonel Light Gardens State Heritage Area A1Application of Schedule
3A 1Advertising
displays 2Council
works 3Retirement
units 4Sundry minor
operations 5Use of land
and buildings 6Painting
Schedule
4—Complying development
Part
1—Complying development—development plan consent (sections 33(1)(a)
and 35 of Act and regulation 8A) 1Building
works 2Building
work—detached dwellings—out of council areas 2ASingle storey
additions and alterations 2BNew
dwellings 2CDevelopment plan
consent in respect of land division for certain residential code
developments 3Special
cemetery buildings 4Railway
activities 5Temporary
accommodation in area affected by bushfire
Part
2—Complying building work—building rules consent (sections 33(1)(b)
and 36 of Act and regulation 8B)
Schedule
4A—Certificate—section 25(10)
Schedule
4B—Certificate—section 25(14)(b)
Schedule
5—Application to relevant authority A1Plans for certain classes of
complying development A2Plans for alterations, additions
and new dwellings—complying development 1Plans for building
work 2Requirements for
development near the coast 2AStatement
relating to electricity infrastructure 2BAdditional
requirements for City of Unley in certain cases 3Requirements for general land
division applications for development approval—proposal plans 4Requirement for
complying divisions1 5Additional requirements for
community plans 6Land
division certificates—final plan 7Activities of environmental
significance 8Water
resources requirements 9Referrals with respect to River
Murray Protection Areas 10Referrals with respect to the use
of River Murray water within the Murray-Darling Basin 11Additional requirements for
bushfire protection areas 12Additional requirements for certain
electricity generators
Schedule 6—Fees
Schedule
7—Provisions regulating distribution of fees between
authorities 1Interpretation 2Distribution of fees between a
council and other authorities 3Distribution of
fees between the Commission and councils 4Private certifiers 5Requirement for a return and method
of payment 6Payments
direct to Development Assessment Commission
Schedule
8—Referrals and concurrences 1Interpretation 2Table
Schedule
9—Public notice categories
Part
1—Category 1 development
Part
2—Category 2 development
Schedule
10—Decisions by Development Assessment Commission 1Areas of all councils 3Metropolitan Hills Face
Zone 3ACommercial
forestry—prescribed areas 4AAdelaide Park
Lands 4BCity of
Adelaide—developments over $10m 4CInner
Metropolitan Area—buildings exceeding 4 storeys 5City of Port
Adelaide Enfield—certain Policy Areas within Port Adelaide Regional Centre
Zone 6City of Port
Adelaide Enfield—developments over $3m within Port Adelaide Regional
Centre Zone 6ACity of Port
Adelaide Enfield—Osborne Maritime Policy Area 7Mount Lofty Ranges Water Protection
Area 10West Beach
Recreation Reserve 12Private Open Space 13City of Charles Sturt—Bowden
Village Zone 14Certain
electricity generators 15Railways 16Show Grounds Zones 17Renewing our Streets and Suburbs
Stimulus Program 18Kangaroo Island—tourism
development in certain conservation zones 18AFlinders Chase National Park
Tourism development 19University developments over
$10m 20Certain
developments—Metropolitan Adelaide over $5m or outside Metropolitan
Adelaide over $3m 21Diplomatic mission
development
Schedule
11—Notice—section 41(2)
Schedule
12—Land division certificate
Schedule
12A—Building rules certification—major developments or
projects
Schedule
13—Bodies excluded from definition of State agency
Schedule
14—State agency development exempt from approval
Schedule
14A—Development involving electricity infrastructure exempt from
approval
Schedule
15—Work that affects stability of other land or
premises
Schedule
16—Essential safety provisions
regulation 76(7)
Schedule
18—Bushfire Protection Areas
Schedule
19—Certificates of occupancy
Schedule
19A—Statement of compliance
Schedule
20—Mining production tenements 1Adelaide and Environs 2The Coast 3Other Areas
Schedule
21—Activities of environmental significance 1Petroleum and Chemical 2Manufacturing and Mineral
Processing 3Resource
recovery, waste disposal and related activities 4Animal Husbandry, Aquaculture and
Other Activities 5Food
Production and Animal and Plant Product Processing 6Materials Handling and
Transportation 7Other
Schedule
22—Activities of major environmental significance
Part
A—Activities 1Petroleum and
Chemical 2Manufacturing
and Mineral Processing 3Resource
recovery, waste disposal and related activities 4Activities in Specified
Areas 5Animal Husbandry,
Aquaculture and Other Activities 6Food Production and Animal and Plant
Product Processing 7Materials Handling and
Transportation 8Other
Part
B—Listed wastes
Schedule
22A—Certificate of consistency
Schedule
23—Private certifiers—professional indemnity
insurance
Schedule
24—Commercial competitive interest
Schedule
26—Register of interest—Primary return
Schedule
27—Register of interest—Ordinary return
Schedule
28—Eastern Eyre Peninsula Regional Development Assessment
Panel 1Interpretation 2Constitution of panel 3Number of members 4Criteria for
membership and appointment procedures 5Term of office 6Conditions of appointment 7Appointment of deputy presiding
member 8Procedures of
panel 9Administration of
panel 10Other
matters
Schedule
29—Flinders Regional Development Assessment Panel 1Interpretation 2Constitution of panel 3Number of members 4Criteria for
membership and appointment procedures 5Term of office 6Conditions of appointment 7Appointment of deputy presiding
member 8Procedures of
panel 9Administration of
panel 10Other
matters
Schedule
30—Riverland Regional Development Assessment Panel 1Interpretation 2Constitution of panel 3Number of members 4Criteria for
membership and appointment procedures 5Term of office 6Conditions of appointment 7Appointment of deputy presiding
member 8Procedures of
panel 9Administration of
panel 10Other
matters
Schedule
31—SA Motor sport Park Map
Schedule
32—Map of initial part of designated Osborne area
Schedule
33—Map of additional part of designated Osborne area
Legislative
history