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Planning, Development and InfrastructureAct 2016

Version: Published under the Legislation Revision and Publication Act 2002 1 South Australia Planning, Development and Infrastructure Act 2016 An Act to provide for matters that are relevant to the use, Development and management of land and buildings, including by providing a planning system to regulate Development within the State, rules with respect to the design, construction and use of buildings, and other initiatives to facilitate the Development of infrastructure, facilities and environments that will benefit the community; to repeal the Development Act 1993; to make related amendments to the Character Preservation (Barossa Valley) Act 2012, the Character Preservation (McLaren Vale) Act 2012, the Environment, Resources and Development Court Act 1993, the Liquor Licensing Act 1997, the Local Government Act 1999, the Public Sector Act 2009 and the Urban Renewal Act 1995; and for other purposes.

Development Act 1993; to make related amendments to the . Character Preservation (Barossa Valley) Act 2012, the . ... Subdivision 5—Related and common provisions. 70 Interpretation. 71 Incorporation of material and application of instrument. ... 208 Declaration of interest. 209 Right of action in certain circumstances.

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Transcription of Planning, Development and InfrastructureAct 2016

1 Version: Published under the Legislation Revision and Publication Act 2002 1 South Australia Planning, Development and Infrastructure Act 2016 An Act to provide for matters that are relevant to the use, Development and management of land and buildings, including by providing a planning system to regulate Development within the State, rules with respect to the design, construction and use of buildings, and other initiatives to facilitate the Development of infrastructure, facilities and environments that will benefit the community; to repeal the Development Act 1993; to make related amendments to the Character Preservation (Barossa Valley) Act 2012, the Character Preservation (McLaren Vale) Act 2012, the Environment, Resources and Development Court Act 1993, the Liquor Licensing Act 1997, the Local Government Act 1999, the Public Sector Act 2009 and the Urban Renewal Act 1995; and for other purposes.

2 Contents Part 1 Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Change of use of land 5 Planning regions and Greater Adelaide 6 Subregions 7 Environment and food production areas Greater Adelaide 8 Application of Act general provision 9 Application of Act Crown 10 Interaction with other Acts 11 Recognition of special legislative schemes Part 2 Objects, planning principles and general responsibilities Division 1 Objects and planning principles 12 Objects of Act 13 Promotion of objects 14 Principles of good planning Division 2 General duties and coordination of activities 15 General duties 16 Responsibility to coordinate activities Planning, Development and Infrastructure Act 2016 Contents 2 Published under the Legislation Revision and Publication Act 2002 Part 3 Administration Division 1 State Planning Commission Subdivision 1 Establishment and constitution of Commission 17 Establishment of Commission 18 Constitution of Commission 19 Special provision relating to constitution of Commission 20 Conditions of membership 21 Allowances and expenses Subdivision 2 Functions and powers 22 Functions 23 Powers 24 Minister to be kept informed 25 Minister to have access to information Subdivision 3 Related matters 26 Validity of acts 27 Proceedings 28 Disclosure of financial interests 29 Committees 30 Delegations 31 Staff and facilities 32 Annual report Division 2 Chief Executive 33 Functions 34 Delegation Division

3 3 Joint planning arrangements Subdivision 1 Planning agreements 35 Planning agreements Subdivision 2 Joint planning boards 36 Joint planning boards 37 Disclosure of financial interests 38 Committees 39 Subsidiaries 40 Delegations Subdivision 3 Appointment of administrator 41 Appointment of administrator Division 4 Practice directions and practice guidelines 42 Practice directions 43 Practice guidelines Planning, Development and Infrastructure Act 2016 Contents Published under the Legislation Revision and Publication Act 2002 3 Part 4 Community engagement and information sharing Division 1 Community engagement 44 Community Engagement Charter 45 Preparation and amendment of charter 46 Parliamentary scrutiny 47 Publication Division 2 Online planning services and information 48 SA planning website 49 Planning database 50 Online atlas and search facilities 51 Standards and specifications 52 Certification and verification of information 53 Online delivery of planning services 54 Protected information 55 Freedom of information 56 Fees and charges Part 5 Statutory instruments Division 1 Principles 57 Principles Division 2 Planning instruments Subdivision 1 State planning policies 58

4 Preparation of state planning policies 59 Design quality policy 60 Integrated planning policy 61 Adaptive re-use 62 Climate change policy 62A Biodiversity policy 63 Special legislative schemes Subdivision 2 Regional plans 64 Regional plans Subdivision 3 Planning and Design Code 65 Establishment of code 66 Key provisions about content of code 67 Local heritage 68 Significant trees Subdivision 4 Design standards 69 Design standards Subdivision 5 Related and common provisions 70 Interpretation 71 Incorporation of material and application of instrument 72 Status Planning, Development and Infrastructure Act 2016 Contents 4 Published under the Legislation Revision and Publication Act 2002 73 Preparation and amendment 74 Parliamentary scrutiny 75 Complying changes Planning and Design Code 76 Minor or operational amendments 77 Publication Subdivision 6 Other matters 78 Early commencement Division 3 Building related instruments 79 Building Code 80 Ministerial building standards 81 Publication Part 6 Relevant authorities Division 1 Entities constituting relevant authorities 82 Entities constituting relevant authorities Division 2 Assessment panels 83 Panels established by joint planning boards or councils 84 Panels established by Minister 85 Appointment of additional members 86 Substitution of local panels Division 3 Assessment managers 87

5 Assessment managers Division 4 Accredited professionals 88 Accreditation scheme 89 Notification of acting 90 Removal from acting 91 Duties 92 Use of term "building certifier" Division 5 Determination of relevant authority 93 Relevant authority panels 94 Relevant authority Commission 95 Relevant authority Minister 96 Relevant authority assessment managers 97 Relevant authority accredited professionals 98 Relevant authority councils 99 Related provisions Division 6 Delegations 100 Delegations Part 7 Development assessment general scheme Division 1 Approvals 101 Development must be approved under this Act Planning, Development and Infrastructure Act 2016 Contents Published under the Legislation Revision and Publication Act 2002 5 102 Matters against which Development must be assessed Division 2 Planning consent Subdivision 1 Categories of Development 103 Categories of Development Subdivision 2 Accepted Development 104 Accepted Development Subdivision 3 Code assessed Development 105 Categorisation 106 Deemed-to-satisfy assessment 107 Performance assessed Development Subdivision 4 Impact assessed Development 108 Categorisation 109 Practice direction to provide guidance 110 Restricted Development 111 Impact assessment by Minister procedural matters 112 Level of detail 113 EIS process 114 Amendment of EIS 115 Decision by Minister 116 Costs 117 Testing and monitoring Division 3

6 Building consent 118 Building consent Division 4 Procedural matters and assessment facilitation 119 Application and provision of information 120 Outline consent 121 Design review 122 Referrals to other authorities or agencies 123 Preliminary advice and agreement 124 Proposed Development involving creation of fortifications 125 Time within which decision must be made 126 Determination of application Division 5 Conditions 127 Conditions Division 6 Variation of authorisation 128 Variation of authorisation Part 8 Development assessment essential infrastructure Division 1 Development assessment standard designs 129 Development assessment standard designs Planning, Development and Infrastructure Act 2016 Contents 6 Published under the Legislation Revision and Publication Act 2002 Division 2 Essential infrastructure alternative assessment process 130 Essential infrastructure alternative assessment process Part 9 Development assessment Crown Development 131 Development assessment Crown Development Part 10 Development assessment and approval related provisions Division 1 General principles 132 Law governing proceedings under this Act 133 Saving provisions Division 2 Buildings 134 Requirement to up-grade 135 Urgent building work Division 3 Trees 136 Urgent work in relation to trees 137 Interaction of controls on trees with other legislation Division 4 Land division certificate 138 Land division certificate Division 5 Access to land

7 139 Activities that affect stability of land or premises 140 Access to neighbouring land general provision Division 6 Uncompleted Development 141 Action if Development not completed 142 Completion of work Division 7 Cancellation of Development authorisation 143 Cancellation of Development authorisation Division 8 Inspection policies 144 Inspection policies Part 11 Building activity and use special provisions Division 1 Preliminary 145 Interpretation Division 2 Notifications 146 Notification during building Division 3 Party walls and similar matters 147 Construction of party walls 148 Rights of building owner 149 Power of entry 150 Appropriation of expense Planning, Development and Infrastructure Act 2016 Contents Published under the Legislation Revision and Publication Act 2002 7 Division 4 Classification and occupation of buildings 151 Classification of buildings 152 Certificates of occupancy 153 Temporary occupation 154 Building certifiers Division 5 Emergency orders 155 Emergency orders Division 6 Swimming pool and building safety 156 Designated safety requirements 157 Fire safety Division 7 Liability 158 Negation of joint and several liability in certain cases 159 Limitation on time when action may be taken Part 12 Mining special provisions 160 Mining tenements to be referred in certain cases to Minister 161 Related matters Part 13 Infrastructure frameworks Division 1 Infrastructure delivery schemes Subdivision 1

8 Interpretation 162 Interpretation Subdivision 2 Establishment of schemes basic infrastructure 163 Initiation of scheme Subdivision 3 Establishment of general schemes 164 Initiation of scheme Subdivision 4 Scheme coordinator 165 Scheme coordinator 166 Consideration of proposed scheme Subdivision 5 Adoption of proposed scheme and related operational matters 167 Adoption of scheme 168 Role of scheme coordinator in relation to delivery of scheme Subdivision 6 Funding arrangements 169 Funding arrangements 170 Government guarantees 171 Exemptions from taxes and levies Subdivision 7 Charges on land 172 Application of Subdivision 173 Creation of charge 174 Ranking of charge Planning, Development and Infrastructure Act 2016 Contents 8 Published under the Legislation Revision and Publication Act 2002 175 Enforcement of charge Subdivision 8 Scheme contributions 176 Application of Subdivision 177 Contributions by constituent councils 178 Payment of contributions 179 Funds may be expended in subsequent years 180 Imposition of charge by councils 181 Costs of councils Subdivision 9 Statutory funds 182 Establishment of funds 183 Audit of funds Subdivision 10 Winding up 184 Winding up Division 2 Infrastructure powers 185 Interpretation 186 Infrastructure works 187 Authorised works 188 Entry onto land 189 Acquisition of land Division 3 Related provisions 190 Incorporation of Chief Executive 191 Step in powers Part 14 Land management agreements 192 Land

9 Management agreements 193 Land management agreements Development applications Part 15 Funds and off-set schemes Division 1 Planning and Development Fund 194 Continuance of Fund 195 Application and management of Fund 196 Accounts and audit Division 2 Off-set schemes 197 Off-setting contributions 198 Open space contribution scheme 199 Multi-unit buildings 200 Urban trees funds Part 16 Disputes, reviews and appeals Division 1 General rights of review and appeal 201 Interpretation 202 Rights of review and appeal 203 Application to assessment panel Planning, Development and Infrastructure Act 2016 Contents Published under the Legislation Revision and Publication Act 2002 9 204 Applications to Court 205 Powers of Court in determining any matter 206 Special provision relating to building referees Division 2 Initiation of proceedings to gain a commercial competitive advantage 207 Preliminary 208 Declaration of interest 209 Right of action in certain circumstances Part 17 Authorised officers 210 Appointment of authorised officers 211 Powers of authoris


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