South Australian Consolidated Acts South Australian Consolidated Acts49—Crown development and public infrastructure
(1) In this
section—
"the Crown" means the Crown in right of the State;
"public infrastructure" means—
(a) the
infrastructure, equipment, structures, works and other facilities used in or
in connection with the supply of water or electricity, gas or other forms of
energy, or the drainage or treatment of waste water or sewage;
(b)
roads and their supporting structures and works;
(c)
ports, wharfs, jetties, railways, tramways and busways;
(d)
schools, hospitals and prisons;
(e) all
other facilities that have traditionally been provided by the State (but not
necessarily only by the State) as community or public facilities;
"State agency" means—
(a)
the Crown or a Minister of the Crown;
(b) an
agency or instrumentality of the Crown (including a Department or
administrative unit of the State);
(c) any
other prescribed person or prescribed body acting under the express authority
of the Crown,
but does not include a person or body excluded from the ambit of this
definition by regulation.
(2) Subject to this
section, if—
(a) a
State agency proposes to undertake development (other than in partnership or
joint venture with a person or body that is not a State agency); or
(b) a
State agency proposes to undertake development for the purposes of the
provision of public infrastructure (whether or not in partnership or joint
venture with a person or body that is not a State agency); or
(c) a
person proposes to undertake development initiated or supported by a
State agency for the purposes of the provision of public infrastructure and
specifically endorsed by the State agency for the purposes of this section,
the State agency must lodge an application for approval containing prescribed
particulars with the Development Assessment Commission.
(3) No application for
approval is required (either under this section or any other provision of this
Act), and no notice to a council is required under subsection (4a), if
the development is of a kind excluded from the provisions of this section by
regulation.
(4) The Development
Assessment Commission may request the State agency to provide additional
documents or information (including calculations and technical details) in
relation to the application.
(4a) If an application
relates to development within the area of a council, the Development
Assessment Commission must give notice containing prescribed particulars of
the development to the council in accordance with the regulations.
(5) A council may
report to the Development Assessment Commission on any matters contained in a
notice under subsection (4a).
(6) Where a notice is
given to a council under subsection (4a), and a report from the council
is not received by the Development Assessment Commission within two months of
the date of the notice, it will be conclusively presumed that the council does
not intend to report on the matter.
(7) The
Development Assessment Commission must assess an application lodged with it
under this section.
(7a) The regulations
may provide that where an application relates to a proposed development of a
prescribed class, the Development Assessment Commission must refer the
application, together with a copy of any relevant information provided by the
State agency, to a body prescribed by the regulations for comment and report
within the time prescribed by the regulations.
(7b) A prescribed body
may, before it provides a report under subsection (7a), request the State
agency—
(a) to
provide additional documents or information (including calculations and
technical details) in relation to the application; and
(b) to
comply with any other requirements or procedures of a prescribed kind.
(7c) If an application
is referred to a prescribed body under subsection (7a) and a report from
the prescribed body is not received by the Development Assessment Commission
within a period determined under the regulations, it will be conclusively
presumed that the prescribed body does not intend to report on the matter.
(7d) If an application
is for a development that involves construction work where the total amount to
be applied to the work will, when all stages are completed, exceed
$4 000 000, other than an application for a variation to an approved
development that, in the opinion of the Development Assessment Commission, is
of a minor nature, the Development Assessment Commission must—
(a) by
public advertisement, invite interested persons to make written submissions to
it on the proposal within a period of at least 15 business days; and
(b)
allow a person who has made a written submission to it within that period and
who, as part of that submission, has indicated an interest in appearing before
it, a reasonable opportunity to appear personally or by representative before
the Development Assessment Commission to be heard in support of his or her
submission; and
(c) give
due consideration in its assessment of the application to any submissions made
by interested persons as referred to in paragraph (a) or (b).
(7e) The
Development Assessment Commission will then prepare a report to the Minister
on the matter.
(8) If it appears to
the Development Assessment Commission that the proposal is seriously at
variance with—
(a) the
provisions of the appropriate Development Plan (so far as they are relevant);
or
(b) any
code or standard prescribed by the regulations for the purposes of this
provision,
specific reference to that fact must be included in the report.
(9) If a council has,
in relation to any matters referred to the council under subsection (4a),
expressed opposition to the proposed development in its report under
subsection (5), a copy of the report must be attached to the
Development Assessment Commission's report (unless the council has, since
providing its report, withdrawn its opposition).
(9a) If a prescribed
body has provided a report under subsection (7a), a copy of the report
must also be attached to the Development Assessment Commission's report.
(10) The Development
Assessment Commission must, unless the Minister grants an extension of time,
furnish its report within the time prescribed by the regulations.
(11) Where a request
is made under subsection (4), any period between the date of request and
the date of compliance is not to be included in the calculation of the period
under subsection (10).
(12) The Minister may,
after receipt of the report of the Development Assessment Commission under
this section (and after taking such action (if any) as the Minister thinks
fit)—
(a)
approve the development; or
(b)
refuse to approve the development.
(13) An approval may
be given—
(a) for
the whole or part of a proposed development;
(b)
subject to such conditions as the Minister thinks fit.
(14) An approval under
this section will be taken to be given subject to the condition that, before
any building work is undertaken, the building work be certified by a
private certifier, or by some person determined by the Minister for the
purposes of this provision, as complying with the provisions of the Building
Rules to the extent that is appropriate in the circumstances.
(14aa) A person acting
under subsection (14) must—
(a) seek
and consider the advice of the Building Rules Assessment Commission before
giving a certificate in respect of building work that would be at variance
with the performance requirements of the Building Code; and
(b) take
into account the criteria, and comply with any requirement, prescribed by the
regulations before giving a certificate in respect of building work that would
otherwise involve a variance with the Building Rules,
and if the person gives a certificate that involves building work that is at
variance with the Building Rules then the person must, subject to the
regulations, specify the variance in the certificate.
(14a) A person engaged
to perform building work for a development approved under this section
must—
(a)
ensure that the building work is performed in accordance with technical
details, particulars, plans, drawings and specifications certified for the
purposes of subsection (14); and
(b)
comply with the Building Rules (subject to any certificate under
subsection (14) that provides for a variance with the Building Rules),
and any other requirements imposed under this section.
Penalty: Division 4 fine.
(15) If—
(a) a
council has, in a report under this section, expressed opposition to a
development that is approved by the Minister (and the council has not, since
providing its report, withdrawn its opposition); or
(b) the
Minister approves a development that is, according to the report of the
Development Assessment Commission, seriously at variance with a
Development Plan, or a prescribed code or standard,
the Minister must, as soon as practicable, prepare a report on the matter and
cause copies of that report to be laid before both Houses of Parliament.
(16) If the Minister
approves a development under this section, no other procedure or requirement
relating to the assessment of the development under this Act applies and no
other development authorisation (including a certificate or approval under
Part 6) is required under this Act, although the Minister may, if necessary
for the purposes of any other Act, issue any other development authorisation
under this Act (which will then be taken, for the purposes of that other Act,
to have been issued by a relevant authority under this Act).
(16a) Despite a
preceding subsection, if the Minister directs that an EIS, PER or DR be
prepared with respect to a development otherwise within the ambit of this
section then—
(a) this
section ceases to apply to the development; and
(b)
the State agency must not undertake the development without the approval of
the Governor under section 48; and
(c)
unless section 48(2)(a) applies, the development becomes, according to a
determination of the Development Assessment Commission, subject to the
processes and procedures prescribed by Division 2 with respect to the
preparation and consideration of an EIS, a PER or a DR.
(17) No appeal lies
against a decision of the Minister under this section.
(18) Subject to
subsection (19), this section does not apply to any development within
the Adelaide Park Lands (and any such development must be assessed under
another Division (other than Division 3A)).
(19)
Subsection (18) does not apply—
(a) so
as to exclude the Governor making a regulation under subsection (3) with
respect to minor works of a prescribed kind; or
(b) so
as to exclude from the operation of this section development within any part
of the Institutional District of the City of Adelaide that has been identified
by regulations made for the purposes of this paragraph by the Governor on the
recommendation of the Minister.
(20) Before making a
recommendation to the Governor to make a regulation identifying a part of the
Institutional District of the City of Adelaide for the purposes of
paragraph (b) of subsection (19), the Minister must take reasonable
steps to consult with the Adelaide Park Lands Authority.
(21) A regulation
under subsection (19)(b) cannot apply with respect to any part of the
Institutional District of the City of Adelaide that is under the care, control
or management of The Corporation of the City of Adelaide.
(22) For the purpose
of this section, the Institutional District of the City of Adelaide is
constituted by those parts of the area of The Corporation of the City of
Adelaide that are identified and defined as—
(a) the
Institutional (Riverbank) Zone; and
(b) the
Institutional (Government House) Zone; and
(c) the
Institutional (University/Hospital) Zone,
by the Development Plan that relates to the area of that Council, as that
Development Plan existed on 1 February 2006.