South Australian Current Regulations

PLANNING, DEVELOPMENT AND INFRASTRUCTURE (GENERAL) REGULATIONS 2017

- under the Planning, Development and Infrastructure
Act 2016

TABLE OF PROVISIONS

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   3A.     Application of Act (section 8)
   3B.     Additions to definition of development
   3C.     Exclusions from definition of development--general
   3CA.    Exclusions from definition of development--essential infrastructure
   3D.     Exclusions from definition of development--State heritage areas
   3E.     Change in classification of buildings
   3F.     Regulated and significant trees
   3G.     Aboveground and inflatable pools
   3H.     Public notice
   3I.     Prescribed period (section 44(12)(b))

   PART 2--Administration and structural matters

   5.      Annual report--Commission
   6.      Annual reports--joint planning boards
   6A.     Provision of documents and notices via the SA planning portal
   7.      SA planning portal--certification and verification of information
   8.      Disclosure of financial interests
   9.      Compliance with code of conduct--Commission
   10.     Compliance with code of conduct--joint planning boards
   11.     Compliance with code of conduct--assessment panels
   11A.    Mutual liability scheme--notices of appointment of assessment panel members
   11B.    Mutual liability scheme--rights of indemnity

   PART 3--Assessment panels--procedures

   12.     Application
   13.     Public access to meetings
   14.     Minutes and other documents
   15.     Quorum
   16.     Voting
   17.     Validity of proceedings
   18.     Other matters

   PART 4--Statutory instruments

   19.     Incorporation of material (section 71(b))
           19A. Building envelope plans
   20.     Notice of Code amendment (section 73(6)(d))
   21.     Minor or operational amendments (section 76)

   PART 5--Relevant authorities and accredited professionals

   22.     Prescribed scheme (section 93)
           23. State Planning Commission (section 94)
           24. Assessment managers (section 96)
           25. Accredited professionals (section 97)
           26. Requirement to obtain advice of accredited professional

   PART 6--Development assessment--related principles

   26A.    Accepted development (section 104)
           27. Impact assessed development--categorisation
   28.     Complying building work

   PART 7--Assessment--processes and assessment facilitation

           Division 1--Applications

   29.     Application to relevant authority
   30.     Plans, fees and related provisions
   31.     Verification of application
   32.     Application for accepted development
   32A.    Site contamination--detailed site investigation report
   32B.    Site contamination--statement of site suitability
   33.     Application and further information
   34.     Period for additional information and other matters
   35.     Amended applications
   36.     Certification of building indemnity insurance
   37.     Regulated and significant trees
   38.     Withdrawing/lapsing applications
   39.     Contravening development
   40.     Court proceedings

           Division 2--Referrals

   41.     Referrals
   41A.    Delegation by prescribed bodies
   42.     Additional information or amended plans
   43.     River Murray
   44.     Appeals
   45.     Building matters
   46.     Preliminary advice and agreement (section 123)

           Division 3--Notice requirements and consultation

   47.     Performance assessed development and restricted development
   48.     Notification of application of tree-damaging activity to owner of land
   49.     Public inspection of applications
   50.     Representations
   51.     Response by applicant
   52.     Notice of hearing of submissions

           Division 4--Determination of application

   53.     Time within which decision must be made (section 125(1))
           54. Deemed consent notice (section 125(2))
           55. Notification of decision--accredited professionals (section 89)
           56. Issue of building consent by other bodies
   57.     Notice of decision (section 126(1))

           Division 5--Conditions

   58.     Notice of conditions
   59.     Regulated and significant trees

           Division 6--Other matters

   60.     Consideration of other development authorisations
   61.     Certificate of independent technical expert in certain cases
   62.     Requirement to up-grade building in certain cases
   62A.    Urgent building work--temporary accommodation
   63.     Urgent work
   64.     Building work affecting other land
   64A.    Access to neighbouring land
   65.     Variation of authorisation (section 128)
           66. Scheme descriptions--community titles
   67.     Lapse of consents or approvals (section 126(2))

   PART 8--Impact assessed development

   68.     Procedural matters (section 111(2))
           69. Level of detail--EIS (section 112(b))
           70. Level of detail--EIS (section 112(c))
           71. EIS processes (section 113(5))
           72. Consultation (section 113(6))
           73. Notification of decision
   74.     Cancellation of development authorisation (section 115(9))

   PART 9--Special provisions relating to land division

           Division 1--Preliminary

   75.     Interpretation

           Division 2--Advice from Commission

   76.     Advice from Commission

           Division 3--Presumption in respect of division of certain buildings

   77.     Presumption in respect of division of certain buildings

           Division 4--Underground mains areas

   78.     Underground mains areas

           Division 5--Assessment requirements--water and sewerage

   79.     Assessment requirements--water and sewerage

           Division 6--Prescribed requirements--general land division

   80.     Prescribed requirements
   81.     Width of roads and thoroughfares
   82.     Road widening
   83.     Requirement as to forming of roads
   84.     Construction of roads, bridges, drains and services
   85.     Supplementary provisions

           Division 7--Certificate in respect of division of land

   86.     Exclusion from requirement to obtain a certificate1
   87.     General land division
   88.     Division of land by strata title
   89.     General provisions

           Division 8--Notification of decision

   90.     Notification of decision

   PART 10--Special provisions relating to buildings and building work

           Division 1--Preliminary

   91.     Interpretation
   92.     Commission to act outside council areas

           Division 2--Notifications

   93.     Notifications during building work

           Division 3--Safety, health and amenity

   94.     Essential safety provisions
   95.     Fire safety requirements--smoke alarms in dwellings
   96.     Fire safety requirements--brush fences
   97.     Health and amenity

           Division 4--General

   98.     Building Rules: bushfire prone areas
   99.     Construction Industry Training Fund
   100.    Fire safety relating to existing Class 2 to 9 buildings

   PART 11--Classification and occupation of buildings

           Division 1--Preliminary

   101.    Preliminary

           Division 2--Classification of buildings

   102.    Classification of buildings

           Division 3--Certificates of occupancy

   103.    Exclusions
   103A.   Required documentation
   103B.   Prescribed requirements
   103C.   Statement of site suitability
   103D.   Report from fire authority
   103E.   Issue of certificate of occupancy
   103F.   Revocation
   103G.   Other matters

           Division 4--Occupation

   103H.   Occupation of Class 1a buildings

           Division 5--Statement of Compliance

   104.    Statement of Compliance

   PART 11A--Essential infrastructure

   104A.   Essential infrastructure--alternative assessment process
   104B.   Lapse of approval

   PART 12--Crown development

   105.    Exclusion from the definition of State agency
   106.    Developments excluded from approval and notice
   106A.   Development in Riverbank Zone
   107.    General scheme
   108.    Lapse of approval

   PART 13--Mining

   109.    Mining production tenements

   PART 14--Land management agreements

   110.    Register of land management agreements (section 192)
           111. Register of land management agreements (section 193)

   PART 15--Performance of certain functions relating to buildings and building work

   112.    Authorised officers and inspections
   113.    Fire safety

   PART 16--Enforcement

   113A.   Designated authority--accreditation authority
   114.    Civil penalties
   115.    Offences by bodies corporate--responsibilities of officers

   PART 17--Rights of review and appeal

   116.    Rights of review and appeal

   PART 18--Miscellaneous

   117.    Service of notices
   118.    Prescribed rate of interest
   119.    Application of Fund
   120.    Record of applications
   121.    Documents to be provided by an accredited professional
   122.    Certificates of technical experts
   123.    Accreditation of building products
   124.    General offence
   125.    Declaration of commercial competitive interest
   126.    Additional expiable offences
   127.    Issue of expiation notices
   128.    Limitation of time when action must be taken
           SCHEDULE 1--Register of interest--primary return
           SCHEDULE 2--Register of interest--ordinary return
           SCHEDULE 3--Additions to definition of development
           SCHEDULE 4--Exclusions from definition of development--general
           SCHEDULE 4A--Exclusions from definition of development--essential infrastructure
           SCHEDULE 5--Exclusions from definition of development--State heritage areas
           SCHEDULE 6--Relevant authority--Commission
           SCHEDULE 6A--Accepted development
           SCHEDULE 6B--HomeBuilder development
           SCHEDULE 7--Complying building work
           SCHEDULE 8--Plans
           SCHEDULE 9--Referrals
           SCHEDULE 10--Work that affects stability of other land or premises
           SCHEDULE 10A--Building work affecting stability--prescribed form
           SCHEDULE 10B--Access to neighbouring land--prescribed form
           SCHEDULE 11--Form of endorsement of scheme description--community titles
           SCHEDULE 12--Land division certificate--prescribed form
           SCHEDULE 13--State agency development exempt from approval
           SCHEDULE 14--Mining production tenements
           SCHEDULE 15--Civil penalties
           SCHEDULE 16--Map of initial part of designated Osborne area
           SCHEDULE 17--Map of additional part of designated Osborne area
           Legislative history