South Australian Consolidated Acts South Australian Consolidated Acts48—Governor to give decision on development
(1) This section
applies to a proposed development—
(a) that
is within the ambit of a declaration of the Minister under section 46; or
(b) that
is the subject of a direction of the Minister under section 49(16a) or
49A(20).
(2) The Governor may,
in relation to a development to which this section applies—
(a)
indicate (at any time) that he or she will not grant a
development authorisation for the development; or
(b) on
due application—
(i)
grant a development authorisation required under this
Act, subject to conditions (if any) determined by the Governor; or
(ii)
refuse approval to the development.
(3) However, the
Governor must not grant a development authorisation under this section
unless—
(a) an
EIS, PER or DR, and an Assessment Report, have been prepared in relation to
the development in accordance with the requirements of this Division (as
appropriate); or
(b) the
Governor is satisfied that an appropriate EIS, PER or DR, and an Assessment
Report, that encompass the development have previously been prepared.
(4) If more than five
years have elapsed since an EIS, PER or DR that relates to a development to
which this section applies was completed and placed on public exhibition (or
in the case of an EIS prepared under the repealed Act, since the EIS was
officially recognised), the document cannot be used for the purposes of
subsection (3) unless or until it has been reviewed in order to see
whether it should be amended under section 47 (and, if amendment is found
to be necessary, unless or until it is amended).
(5) The Governor must,
before the Governor approves a development to which this section applies, have
regard to—
(a) the
provisions of the appropriate Development Plan and the regulations (so far as
they are relevant); and
(b) if
relevant, the Building Rules; and
(c)
the Planning Strategy; and
(d) if
the development involves, or is for the purposes of, a prescribed activity of
environmental significance as defined by the Environment Protection
Act 1993 —
(i)
the objects of the Environment Protection Act 1993 ;
and
(ii)
the general environmental duty under the
Environment Protection Act 1993 ; and
(iii)
any relevant environment protection policies under the
Environment Protection Act 1993 ; and
(da) if
it appears to the Governor that the development may have an impact on any
aspect of the River Murray within the meaning of the River Murray
Act 2003 —
(i)
the objects of that Act; and
(ii)
the Objectives for a Healthy River Murray under that Act;
and
(iii)
the general duty of care under that Act; and
(iv)
any obligations or requirements under the
Murray-Darling Basin Agreement (a copy of which is set out in Schedule 1 of
the Water Act 2007 of the Commonwealth, as in force from time to time) or
any resolution of the Ministerial Council under that agreement; and
(db) if
it appears to the Governor that the development may have an impact on any
aspect of the Adelaide Dolphin Sanctuary—
(i)
the objects and objectives of the
Adelaide Dolphin Sanctuary Act 2005 ; and
(ii)
the general duty of care under that Act; and
(dc) if
it appears to the Governor that the development may have an impact on any
aspect of a marine park—
(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; and
(e) any
relevant EIS, PER or DR, and the relevant Assessment Report,
and may, in making a decision, take into account other matters considered
relevant by the Governor.
(6) The Governor may
grant a provisional development authorisation under this section, reserving a
decision on a specified matter until further assessment of the development for
the purposes of this Act.
(7) The Governor
may—
(a) when
determining what conditions should be attached to a development authorisation
under this section, attach conditions that must be complied with in the
future;
(b)
—
(i)
in relation to matters specified by him or her when
granting a development authorisation under this section; or
(ii)
on application of a person who has the benefit of a
development authorisation under this section; or
(iii)
in relation to a matter that is relevant to the variation
of a development authorisation under this section,
vary or revoke conditions to which the development authorisation is subject or
attach new conditions to the development authorisation.
(7a) The Governor may,
on the application of a person who has the benefit of the
development authorisation under this section, by notice in the Gazette, vary a
development authorisation that has been given under this section.
(8) The Governor may,
by notice in the Gazette, delegate a power or function under this section to
the Minister or the Development Assessment Commission.
(9) A
delegation—
(a) may
be made subject to conditions and limitations specified in the notice of
delegation; and
(b)
unless the instrument of delegation otherwise provides, allows for
subdelegation of the delegated power or function; and
(c) is
revocable by further notice in the Gazette and does not derogate from the
power of the Governor to act in the matter.
(10) A decision of the
Governor under this section must be published in the Gazette.
(11) If—
(a) the
Governor gives a development authorisation under this section; but
(b) the
development to which the development authorisation relates is not commenced by
substantial work on the site of the development within the time specified by
the regulations or, if a time is specified by the Governor as part of the
development authorisation, within that time,
the Governor may, by notice in writing to any owner or occupier of the
relevant land, cancel the development authorisation.
(12) No appeal lies
against a decision under this section.
(13) A person—
(a) who
undertakes development to which this section applies without the consent of
the Governor; or
(b) who
undertakes development contrary to a development authorisation under this
section; or
(c) who
contravenes, or fails to comply with, a condition on which a
development authorisation was granted,
is guilty of an offence.
Penalty: Division 2 fine.
Default penalty: $1 000.
(14) A person who has
the benefit of a development must ensure that the development is used,
maintained and operated in accordance with—
(a) any
development authorisation under this section; and
(b)
documents submitted for the purposes of this Division that are relevant to
such development authorisation.
Penalty: Division 4 fine.