South Australian Current Regulations

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DEVELOPMENT REGULATIONS 2008

- under the Development Act 1993

TABLE OF PROVISIONS

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Adoption of Building Code
   5.      Application of Act
   5A.     Presumption with respect to division of certain buildings
   5AA.    Exclusion of certain classes of development from requirement to obtain development plan consent

   PART 2--Development

   6.      Additions to definition of development
   6A.     Regulated and significant trees
   6B.     Aboveground and inflatable pools
   6C.     External painting in prescribed areas
   7.      Exclusions from definition of development
   8.      Exclusions from definition of development--Colonel Light Gardens State Heritage Area
   8A.     Complying development--development plan consent
   8B.     Complying building work--building rules

   PART 3--Development plans

   9.      Statement of Intent
   9A.     Infrastructure planning
   10.     Consultation with Minister for the River Murray
   10A.    Consultation with government Departments or agencies
   11.     Prescribed certificate of CEO--section 25
   11A.    Public consultation--sections 25 and 26
   12.     Public meeting
   13.     Council report
   13A.    Lapse of DPA--section 25
   14.     Prescribed plans etc

   PART 4--Applications for development approval

   15.     Application to relevant authority
   16.     Nature of development
   17.     Non-complying development
   18.     Notification of application for tree-damaging activity to owner of land
   18A.    Application and provision of information
   19.     Period for additional information and other matters
   20.     Amended applications
   21.     Certification of building indemnity insurance
   22.     Withdrawing/lapsing application
   23.     Contravening development

   PART 5--Referrals and concurrence

   24.     Referrals
   25.     Procedure where concurrence required
   26.     Form of response
   27.     Additional information or amended plans
   28.     Special provisions--referrals
   29.     Land division applications
   30.     Underground mains areas
   31.     Appeals
   31A.    Preliminary advice and agreement--section 37AA

   PART 6--Public notice and consultation

   32.     Public notice categories
   33.     Giving of notice
   34.     Public inspection of certain applications
   35.     Lodging written representations
   36.     Response by applicant
   37.     Notice of hearing of submissions

   PART 7--Assessment of developments by Commission

   38.     Determination of Commission as relevant authority
   39.     Assessment in respect of Building Rules referred to the council
   40.     Issue of building rules consent other than by a council

   PART 8--Determination of an application

   41.     Time within which decision must be made
   42.     Notification of decision to applicant (including conditions)
   43.     Notification of decision to a prescribed body
   44.     Notification of decision to owner of land
   45.     Scheme description--community titles
   46.     Special provision relating to staged consents
   47.     Endorsed plans
   47A.    Minor variations of development authorisations
   48.     Lapse of consent or approval

   PART 9--Special provisions relating to land division

           Division 1--Preliminary

   49.     Interpretation

           Division 2--Prescribed requirements--general land division

   50.     Prescribed requirements
   51.     Width of roads and thoroughfares
   52.     Road widening
   53.     Requirement as to forming of roads
   54.     Construction of roads, bridges, drains and services
   55.     Supplementary provisions

           Division 3--Open space contribution scheme

   56.     Open space contribution scheme

           Division 4--Certificate in respect of division of land

   57.     Exclusion from requirement to obtain a certificate1
   58.     General land division
   59.     Division of land by strata title
   60.     General provisions

   PART 10--Major developments or projects

   61.     Declaration by the Minister--section 46
   62.     Reference of matters to Development Assessment Commission
   63.     Prescribed criteria
   63A.    Prescribed time period
   63B.    Prescribed fee
   63C.    EIS process--specific provisions
   63D.    PER process--specific provisions
   63E.    DR--specific provisions
   64.     Referral of assessment of building work
   64A.    Cancellation of development authorisation--section 48
   65.     Notification of decision

   PART 11--Development under Division 3 or 3A of Part 4 of Act

           Division 1--Crown development by State agencies

   66.     Exclusions from definition of State agency
   67.     Development excluded from approval and notice
   67A.    Development in Institutional (Riverbank) Zone

           Division 2--Development involving electricity infrastructure

   68.     Prescribed persons
   69.     Development excluded from approval and notice

           Division 3--General provisions

   70.     Related provisions
   71.     Lapse of approval

   PART 12--Regulation of building work

           Division 1--Preliminary

   72.     Interpretation
   73.     Development Assessment Commission to act outside council areas

           Division 2--Notifications

   74.     Notifications during building work

           Division 3--Building work affecting other land

   75.     Building work affecting other land

           Division 4--Safety, health and amenity

   76.     Essential safety provisions
   76A.    Fire safety requirements--caravan parks and residential parks
   76B.    Fire safety requirements--smoke alarms in dwellings
   76C.    Fire safety requirements--brush fences
   76D.    Swimming pool safety
   76E.    Swimming pool safety requirements--construction of fences and barriers
   77.     Health and amenity

           Division 5--General

   78.     Building Rules: bushfire prone areas
   78AA.   On-site retention of stormwater
   78A.    Building work on designated Aboriginal lands
   78B.    Control of external sound
   79.     Construction Industry Training Fund
   80.     Requirement to up-grade building in certain cases
   80A.    Modification of Building Code (disability access requirements)
   80AB.   Building inspection policies
   80ABA.  Fire safety relating to existing class 2 to 9 buildings

   PART 13--Classification and occupation of buildings

   81.     Preliminary
   82.     Classification of buildings
   83.     Certificates of occupancy
   83A.    Occupation of Class 1a buildings
   83AB.   Statement of Compliance
   83B.    Swimming pools

   PART 14--Mining production tenements

   84.     Mining production tenements

   PART 15--Advice and certification

           Division 1--Prescribed qualifications

   85.     Interpretation
   86.     Qualifications in planning
   87.     Qualifications in building
   88.     Certificate of independent technical expert in certain cases

           Division 2--Private certification

   89.     Private certification--authorised functions
   90.     Engagement of private certifier
   91.     Qualifications
   92.     Provision of information
   93.     Insurance
   93A.    Register of private certifiers
   93B.    Person must avoid conflict of interest as a private certifier

   PART 16--Miscellaneous

   94.     Service of notices
   95.     Fees
   96.     Prescribed rate of interest
   97.     Limitation on time when action may be taken
   98.     Register of applications
   99.     Register of land management agreements
   100.    Land management agreements--development applications
   101.    Documents to be preserved by a council
   102.    Documents to be provided by private certifier
   103.    Complaints relating to development plan or building work assessment
   103A.   Building Rules assessment audits
   103AB.  Development Plan assessment audits
   104.    Transfer of development potential
   105.    Accreditation of building products
   106.    Adoption of codes and standards
   107.    Constitution of statutory committees
   108.    Special committees for certain developments--section 34(1)(b)(vi)
   109.    Notice of appointment of member of a panel
   110.    Delegations
   111.    Application of Fund
   112.    General offence
   113.    Notification of urgent work
   114.    Declaration of commercial competitive interest
   115.    System indicators
   116.    Disclosure of financial interests--assessment panels
   117.    Regulated and significant trees--further provisions
   118.    Assessment of requirements on division of land--water and sewerage
   119.    Applications 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
           SCHEDULE 2--Additional acts and activities constituting development
           SCHEDULE 3--Acts and activities that are not development
           SCHEDULE 3A--Colonel Light Gardens State Heritage Area
           SCHEDULE 4--Complying development
           SCHEDULE 4A--Certificate--section 25(10)
           SCHEDULE 4B--Certificate--section 25(14)(b)
           SCHEDULE 5--Application to relevant authority
           SCHEDULE 6--Fees
           SCHEDULE 7--Provisions regulating distribution of fees between authorities
           SCHEDULE 8--Referrals and concurrences
           SCHEDULE 9--Public notice categories
           SCHEDULE 10--Decisions by Development Assessment Commission
           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
           SCHEDULE 17--Essential safety provisions--annual returns under regulation 76(7)
           SCHEDULE 18--Bushfire Protection Areas
           SCHEDULE 19--Certificates of occupancy
           SCHEDULE 19A--Statement of compliance
           SCHEDULE 20--Mining production tenements
           SCHEDULE 21--Activities of environmental significance
           SCHEDULE 22--Activities of major environmental significance
           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
           SCHEDULE 29--Flinders Regional Development Assessment Panel
           SCHEDULE 30--Riverland Regional Development Assessment Panel
           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


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