South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In these
regulations and in any Development Plan, the terms set out in Schedule 1 have,
unless inconsistent with the context, or unless the contrary intention
appears, the respective meanings assigned by that Schedule.
(2) Unless stated to
the contrary, a term set out in Schedule 1 which purports to define a form of
land use will be taken to include a use which is ancillary and subordinate to
that defined use.
(3) Where the Building
Code defines a term which is also set out in Schedule 1, then, to the extent
of any inconsistency, the definition in the Building Code will prevail for the
purposes of the Building Rules.
(4) Unless the
contrary intention appears, a reference in a Schedule, other than
Schedule 1, to a particular category of zone will be taken to include a
reference to any zone of that category that has an additional designation or
specification 1 .
Example—
1 For example, an additional designation or
specification may be a street name, a distinguishing letter of the alphabet or
a distinguishing number, or the name of an area.
(5) A reference in a
Schedule, other than Schedule 1, to the natural surface of the ground, in
relation to a proposed development, is a reference to existing ground level
before the development is undertaken (disregarding any preparatory or related
work that has been (or is to be) undertaken for the purposes of the
development).
(6) In these
regulations—
"Commonwealth Nation Building Program" means the agreement between the
Commonwealth and the States and the Territories called the National
Partnership Agreement on the Nation Building and Jobs Plan: Building
Prosperity for the Future and Supporting Jobs Now entered into at the meeting
of the Council of Australian Governments on 5 February 2009, as
amended from time to time in accordance with the terms of that agreement and
includes any additional components added to this program by the Commonwealth
Government or the Council of Australian Governments from time to time;
"Local Government Infrastructure Program" means the Regional and Local
Government Community Infrastructure Program established by the Commonwealth
Government pursuant to announcements made on 18 November 2008 and
13 February 2009 and includes any additional components added to
this program by the Commonwealth Government from time to time;
"outbuilding" does not include a private bushfire shelter;
"private bushfire shelter" means a building, associated with a Class 1a
building under the Building Code , that may as a last resort provide
shelter for occupants from the immediate life threatening effects of a
bushfire event;
"residential code development" means any development that is complying
development under clause 1(2) or (3), 2A or 2B of Schedule 4;
"State Coordinator-General" means the person appointed by the Governor to be
the State's Coordinator-General for the purposes of the
Commonwealth Nation Building Program and includes an Assistant State
Coordinator-General.
(7) For the purposes
of these regulations, there may be 1 or more Assistant State
Coordinators-General appointed by the Governor.
(8) An Assistant
State Coordinator-General may—
(a)
assist the State Coordinator-General in the performance of functions under
these regulations; and
(b) act
as the State Coordinator-General—
(i)
in circumstances approved by the
State Coordinator-General; or
(ii)
when the State Coordinator-General is absent or unable to
act or when the office of State Coordinator-General is vacant (and in the
event that the Governor has appointed more than 1 Assistant State
Coordinators-General then the Minister will determine which Assistant
State Coordinator-General will act under this paragraph as the occasion
arises).