South Australian Current Regulations

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DEVELOPMENT REGULATIONS 2008 - REG 38

38—Determination of Commission as relevant authority

        (1)         Pursuant to section 34(1)(b)(i) and (ii) of the Act, the Development Assessment Commission is the relevant authority in respect of any development of a class specified in Schedule 10 1 .

        (2)         If the Development Assessment Commission is the relevant authority under section 34(1)(b) of the Act—

            (a)         in a case where the Minister has made a declaration under section 34(1)(b)(iii) or (vi) of the Act—

                  (i)         the relevant council or regional development assessment panel (as the case may be) must forward to the Development Assessment Commission any application received by the council or regional development assessment panel under the Act and these regulations in relation to the matter, together with any accompanying documentation or information and, as appropriate, fees, within 5 business days after receipt of a copy of the notice of the Minister's declaration; and

                  (ii)         the Development Assessment Commission may, as it thinks fit—

                        (A)         adopt any act or decision of the council or regional development assessment panel in relation to the assessment of the application (including an act or decision under Part 4, Part 5 or Part 6 of these regulations);

                        (B)         disregard or reject any act or decision of the council or regional development assessment panel in relation to the assessment of the application; and

            (b)         in any case—the Development Assessment Commission must give the council for the area in which the development is to be undertaken a reasonable opportunity to provide the Development Assessment Commission with a report on the matters under section 33(1) (as relevant) (but if a report is not received by the Development Assessment Commission within 6 weeks after the council received the application (or a copy of the application) under these regulations or, in a case where section 34(1)(b)(vi) of the Act applies, within the relevant period under subregulation (3) after the relevant declaration is made by the Minister, or within such longer period as the Development Assessment Commission may allow, the Development Assessment Commission may presume that the council does not desire to provide a report).

        (3)         For the purposes of subregulation (2)(b), the relevant period in a case where section 34(1)(b)(vi) of the Act applies is—

            (a)         if the declaration of the Minister is made under that section within 6 weeks after an application has been lodged with the council or regional development assessment panel—6 weeks from the date of lodgement or 3 weeks from the date of the declaration, whichever is longer;

            (b)         in any other case—

                  (i)         if the declaration of the Minister is made under section 34(1)(b)(vi)(A) or (B)—3 weeks after the declaration is made;

                  (ii)         if the declaration of the Minister is made under section 34(1)(b)(vi)(C)—1 week after the declaration is made.

        (4)         If—

            (a)         the Development Assessment Commission is the relevant authority under section 34(1)(b)(iv) of the Act; and

            (b)         the proposed development is to be undertaken within 1 kilometre of a boundary with a council,

the Development Assessment Commission must give that council a reasonable opportunity to provide the Development Assessment Commission with comments on the proposed development (but if such comments are not received by the Development Assessment Commission within 6 weeks after the council is invited to provide them, or within such longer period as the Development Assessment Commission may allow, the Development Assessment Commission may assume that the council does not desire to provide any comments).

        (4a)         Subregulation (2)(b) does not apply to an application in relation to a proposed development in—

            (a)         the area of the Corporation of the City of Adelaide for which the Development Assessment Commission is the relevant authority under clause 4B of Schedule 10; or

            (b)         any part of the area of the following councils for which the Development Assessment Commission is the relevant authority under clause 4C of Schedule 10:

                  (i)         the City of Burnside;

            (ia)         the City of Holdfast Bay;

                  (ii)         the Corporation of the City of Norwood Payneham & St Peters;

                  (iii)         the City of Prospect;

                  (iv)         the Corporation of the City of Unley;

                  (v)         the City of West Torrens; or

            (c)         that part of the area of the City of Port Adelaide Enfield defined in the relevant Development Plan as the Regional Centre Zone for which the Development Assessment Commission is the relevant authority under clause 5 or 6 of Schedule 10.

        (5)         Subregulation (2)(b) does not apply where the development has been approved by the State Coordinator-General for the purposes of the Renewing our Streets and Suburbs Stimulus Program or a diplomatic mission development.

        (5a)         Despite a preceding subregulation, subregulation (2)(b) does not apply from the commencement of the Development (Public Health Emergency) Variation Regulations 2020 until 30 September 2020.

        (6)         Pursuant to subsection (2) of section 34 of the Act, if the Development Assessment Commission (as constituted as a relevant authority under subsection (1) of that section) takes action under paragraph (c) or (d) of subsection (2) of that section in relation to development that has been approved by the State Coordinator-General, the council for the area in which the development is to be undertaken will not be taken to be a relevant authority for the purposes of the Act in relation to that development and will not be the relevant authority to determine whether the development should be approved.

Note—

1         This regulation is subject to the operation of sections 34(2) and 49 of the Act (if relevant).



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