South Australian Consolidated Acts South Australian Consolidated Acts46D—DR process—Specific provisions
(1) This section
applies if a DR must be prepared for a proposed development.
(2) The Minister will,
after consultation with the proponent—
(a)
require the proponent to prepare the DR; or
(b)
determine that the Minister will arrange for the preparation of the DR.
(3) The DR must be
prepared in accordance with guidelines determined by the
Development Assessment Commission under this Subdivision.
(4) The DR must
include a statement of—
(a) the
expected environmental, social and economic effects of the development;
(b) the
extent to which the expected effects of the development are consistent with
the provisions of—
(i)
any relevant Development Plan; and
(ii)
the Planning Strategy; and
(iii)
any matters prescribed by the regulations;
(c) if
the development involves, or is for the purposes of, a prescribed activity of
environmental significance as defined by the Environment Protection
Act 1993 , the extent to which the expected effects of the development
are consistent with—
(i)
the objects of the Environment Protection Act 1993 ;
and
(ii)
the general environmental duty under that Act; and
(iii)
relevant environment protection policies under that Act;
(ca) if
the development is to be undertaken within the Murray-Darling Basin, the
extent to which the expected effects of the development are consistent
with—
(i)
the objects of the River Murray Act 2003 ; and
(ii)
the Objectives for a Healthy River Murray under that Act;
and
(iii)
the general duty of care under that Act;
(cb) if
the development is to be undertaken within, or is likely to have a direct
impact on, the Adelaide Dolphin Sanctuary, the extent to which the expected
effects of the development are consistent with—
(i)
the objects and objectives of the
Adelaide Dolphin Sanctuary Act 2005 ; and
(ii)
the general duty of care under that Act;
(cc) if
the development is to be undertaken within, or is likely to have a direct
impact on, a marine park, the extent to which the expected effects of the
development are consistent with—
(i)
the prohibitions and restrictions applying within the
marine park under the Marine Parks Act 2007 ; and
(ii)
the general duty of care under that Act;
(d) the
proponent's commitments to meet conditions (if any) that should be observed in
order to avoid, mitigate or satisfactorily manage and control any potentially
adverse effects of the development on the environment;
(e)
other particulars in relation to the development required—
(i)
by the regulations; or
(ii)
by the Minister.
(5) After the DR has
been prepared, the Minister—
(a)
—
(i)
must, if the DR relates to a development that involves,
or is for the purposes of, a prescribed activity of environmental significance
as defined by the Environment Protection Act 1993 , refer the DR to the
Environment Protection Authority;
(ia)
must, if the DR relates to a development that is to be undertaken within the
Murray-Darling Basin, refer the DR to the Minister for the River Murray;
(ib)
must, if the DR relates to a development that is to be undertaken within, or
is likely to have a direct impact on, the Adelaide Dolphin Sanctuary, refer
the DR to the Minister for the Adelaide Dolphin Sanctuary;
(ic)
must, if the DR relates to a development that is to be undertaken within, or
is likely to have a direct impact on, a marine park, refer the DR to the
Minister for Marine Parks;
(ii)
must refer the DR to the relevant council (or councils),
and to any prescribed authority or body; and
(iii)
may refer the DR to such other authorities or bodies as
the Minister thinks fit,
for comment and report within the time prescribed by the regulations; and
(b) must
ensure that copies of the DR are available for public inspection and purchase
(during normal office hours) for at least 15 business days at a place or
places determined by the Minister and, by public advertisement, give notice of
the availability of copies of the DR and invite interested persons to make
submissions to the Minister on the DR within the time determined by the
Minister for the purposes of this paragraph.
(6) The Minister must,
after the expiration of the time period that applies under
subsection (5)(b), give to the proponent copies of all submissions made
within time under that subsection.
(7) The proponent may
then prepare a written response to—
(a)
matters raised by a Minister, the Environment Protection Authority, any
council or any prescribed or specified authority or body, for consideration by
the proponent; and
(b) all
submissions referred to the proponent under subsection (6),
and provide a copy of that response to the Minister within the time prescribed
by the regulations.
(8) The Minister must
then prepare a report (an "Assessment Report") on the matter taking into
account—
(a) any
submissions made under subsection (5); and
(b) the
proponent's response (if any) under subsection (7); and
(c)
comments provided by the Environment Protection Authority, a council or other
authority or body; and
(d)
other comments or matter as the Minister thinks fit.
(9) Copies of the DR,
any response under subsection (7) and the Assessment Report must be kept
available for inspection and purchase at a place determined by the Minister
for a period determined by the Minister.
(10) If a proposed
development to which a DR relates will, if the development proceeds, be
situated wholly or partly within the area of a council, the Minister must give
a copy of the DR, any response under subsection (7) and the
Assessment Report to the council.