South Australian Current Regulations

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DEVELOPMENT REGULATIONS 2008 - REG 41

41—Time within which decision must be made

        (1)         Pursuant to section 41 of the Act, and subject to these regulations, a relevant authority should deal with an application under Division 1 of Part 4 of the Act within the following periods (calculated from the date of receipt of the application by the relevant authority):

            (a)         if—

                  (i)         the application only seeks development plan consent; and

                  (ii)         the proposed development is of a kind prescribed as complying development under these regulations or the relevant Development Plan,

2 weeks ;

            (b)         in any other case where the application only seeks development plan consent, other than where the application relates to a proposed development that involves the division of land— 8 weeks ;

            (c)         if—

                  (i)         development plan consent has been obtained (or is not necessary); and

                  (ii)         the application only seeks building rules consent (and no other consent); and

                  (iii)         the building falls within the Class 1 or 10 classification under the Building Code ,

4 weeks ;

            (d)         in any other case— 12 weeks ,

subject to the qualifications that—

            (e)         if—

                  (i)         paragraph (a), (b) or (c) applies; and

                  (ii)         the application must be referred to a prescribed body under section 37 of the Act for a report or directions (but not concurrence),

an additional period of 6 weeks , plus any extension of time under section 37(3) of the Act (or, if more than 1 such extension of time is given, a period equal to the longest extension), must be added to the relevant period that applies above;

            (f)         if the application must be—

                  (i)         referred to the Development Assessment Commission, the Minister or a council for concurrence under section 35(3) of the Act; or

                  (ii)         referred to a prescribed body under section 37 of the Act for concurrence,

an additional period of 10 weeks , plus any extension of time required by the Development Assessment Commission, the Minister or a council for the purposes of section 35(3) of the Act, or any extension of time under section 37(3) of the Act (or, if more than 1 such extension of time is given, a period equal to the longest extension), must be added to any period that applies above;

            (g)         if the application must be referred to the Building Rules Assessment Commission under section 36 of the Act— an additional period of 2 weeks must be added to the period that applies above;

            (h)         if the application must otherwise be referred to another body for report under these regulations, or another body is entitled to report on the application under these regulations—an additional period equal to the time within which a report must be made by the body under these regulations in order to be taken into account for the purposes of any assessment must be added to the period that applies above.

        (2)         Despite subregulation (1), if a period prescribed by that subregulation would end on a day which falls between 25 December in any year and 1 January in the following year, an extra week must be added to that period.

        (3)         For the purposes of section 41(2)(b) of the Act, a notice to the relevant authority must—

            (a)         be in the form set out in Schedule 11; and

            (b)         be lodged at the principal office of the relevant authority.

        (4)         For the purposes of section 41(5)(b) of the Act, a notice must be signed and dated by the applicant and must state—

            (a)         that it is a notice given under section 41(5)(b) of the Act; and

            (b)         the development application number; and

            (c)         the name and address of the applicant.



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