South Australian Consolidated Acts South Australian Consolidated Acts (1) A development for
which development authorisation has been granted may be undertaken and
completed in accordance with that authorisation notwithstanding an amendment
to a Development Plan or the Building Rules that takes effect after the date
on which the application for the development authorisation was made (insofar
as the application relates to an assessment in respect of the Development Plan
or Building Rules).
(2) An activity that
becomes a development by virtue of an amendment to this Act, but was lawfully
commenced within three years before the amendment took effect, may be
continued and completed, without any development authorisation, within three
years after the date on which the amendment took effect.
(3) Where—
(a) a
consent, approval or authorisation is required under an Act or Acts (but not
this Act) for a proposed activity or development; and
(b) an
amendment is made to this Act that requires approval to be obtained for a
development of that kind, or an amendment is made to the relevant
Development Plan so that development of that kind becomes a non-complying
development; and
(c) on
the date on which the amendment to the Act or the Development Plan takes
effect, all the required, consents, approvals and authorisations had been
obtained but the activity or development had not been commenced,
the activity or development will, for the purposes of this section, be
presumed to have commenced on the date of the consent, approval or
authorisation or, where more than one was required, the date of the consent,
approval or authorisation that was last obtained.
(4) A
relevant authority may, in order to avoid or reduce hardship, extend the
limitation period referred to in subsection (2).
(5) A reference in
this section to an amendment to this Act extends to the making of a regulation
declaring an activity to constitute development and the variation of such a
regulation.
(6) In this
section—
"activity" means an act or activity.