South Australian Consolidated Acts South Australian Consolidated Acts53—Law governing proceedings under this Act
(1) Where an
application is made for a development authorisation under this Act, the law to
be applied in deciding the application and the law to be applied in resolving
any issues arising from the decision in any proceedings (whether brought under
this Act or not) is the law in force as at the time the application was made.
(2) The provisions of
a Development Plan that are relevant to the consideration of an application
for a development plan consent and to the resolution of issues arising in
subsequent proceedings based on that application (whether brought under this
Act or not) are the provisions of the relevant Development Plan as in force at
the time the application was made.
(3) The provisions of
the Building Rules that are relevant to the consideration of an application
for a building rules consent and to the resolution of issues arising in
subsequent proceedings based on that application (whether brought under this
Act or not) are the provisions of the Building Rules as in force at the time
the application was made.
(4) Where a place that
is the subject of an application for development authorisation under this Act
becomes a State heritage place within the meaning of this Act, the place will
be taken to have been a State heritage place for the purposes of this section
at the time the application was made.
(5) Where a place that
is subject of an application for development authorisation under this Act
becomes subject to an order under the Heritage Places Act 1993 that
requires a person to stop any work or activity, or prohibits any work or
activity, the order will be taken to have been in force for the purposes of
this section at the time the application was made.