South Australian Current Regulations

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DEVELOPMENT REGULATIONS 2008 - REG 3

3—Interpretation

        (1)         In these regulations and in any Development Plan, the terms set out in Schedule 1 have, unless inconsistent with the context, or unless the contrary intention appears, the respective meanings assigned by that Schedule.

        (2)         Unless stated to the contrary, a term set out in Schedule 1 which purports to define a form of land use will be taken to include a use which is ancillary and subordinate to that defined use.

        (3)         Where the Building Code defines a term which is also set out in Schedule 1, then, to the extent of any inconsistency, the definition in the Building Code will prevail for the purposes of the Building Rules.

        (4)         Unless the contrary intention appears, a reference in a Schedule, other than Schedule 1, to a particular category of zone will be taken to include a reference to any zone of that category that has an additional designation or specification 1 .

Example—

1         For example, an additional designation or specification may be a street name, a distinguishing letter of the alphabet or a distinguishing number, or the name of an area.

        (5)         A reference in a Schedule, other than Schedule 1, to the natural surface of the ground, in relation to a proposed development, is a reference to existing ground level before the development is undertaken (disregarding any preparatory or related work that has been (or is to be) undertaken for the purposes of the development).

        (6)         In these regulations—

"designated building" means a building, or class of building, designated by the Minister in a notice under Schedule 5 clause 1(1)(h);

"designated building product" means a building product, or kind of building product, designated by the Minister in a notice under Schedule 5 clause 1(1)(h);

"diplomatic mission development" means development undertaken under the authority of a diplomatic mission of an overseas country associated with the provision of premises for the diplomatic mission (such as an embassy or consulate);

"outbuilding" does not include a private bushfire shelter;

"private bushfire shelter" means a building, associated with a Class 1a building under the Building Code , that may as a last resort provide shelter for occupants from the immediate life threatening effects of a bushfire event;

"Renewing our Streets and Suburbs Stimulus Program" means the Renewing our Streets and Suburbs Stimulus Program established by the State Government and published in the Gazette on 3 September 2015 and expanded by notice published in the Gazette on 30 June 2016;

"residential code development" means any development that is complying development under clause 1(2) or (3), 2A, 2B or 2C of Schedule 4;

"SA Motor sport Park" means the land within the shaded area in the map set out in Schedule 31 and described as the "SA Motor sport Park Development Site";

"State Coordinator-General" means the person appointed by the Governor to be the State's Coordinator-General for the purposes of the Renewing our Streets and Suburbs Stimulus Program and to perform any other functions, or exercise any other powers, conferred on the State Coordinator-General under these regulations, and includes a person from time to time acting as the State Coordinator-General.

        (7)         For the purposes of these regulations, there may be 1 or more Assistant State Coordinators-General appointed by the Governor.

        (8)         An Assistant State Coordinator-General may—

            (a)         act as the State Coordinator-General when the State Coordinator-General is absent or unable to act or when the office of State Coordinator-General is vacant (and in the event that the Governor has appointed more than 1 Assistant State Coordinators-General then the Minister will determine which Assistant State Coordinator-General will act under this paragraph as the occasion arises); and

            (b)         when not so acting, perform functions or exercise powers of the State Coordinator-General delegated by the State Coordinator-General.

        (9)         A delegation for the purposes of subregulation (8)(b)—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the power of the State Coordinator-General to act in a matter; and

            (d)         may not be further delegated; and

            (e)         is revocable at will.



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