South Australian Consolidated Regulations

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DEVELOPMENT REGULATIONS 2008 - REG 5

5—Application of Act

        (1)         Pursuant to section 7 of the Act, sections 66, 67 and 68 of the Act (relating to the classification and occupation of buildings) do not apply to any Class 1 or 10 building under the Building Code which is not within the area of a council.

        (3)         Pursuant to section 7(3) of the Act, subsection (1)(d)(viia) of section 33 of the Act does not apply in respect of development that does not involve the creation of a new boundary—

            (a)         that separates 2 or more sole occupancy units within an existing building; or

            (b)         that bounds a public corridor within an existing building; or

            (c)         that is within a prescribed separation distance from an existing building.

        (4)         Pursuant to section 7(3) of the Act, subsection (5) of section 33 of the Act applies, in respect of a development to which subsection (1)(d)(viia) of that section applies (taking into account the operation of subregulation (3)), on the basis that a reference to the Building Rules is a reference to Section C—Volume 1, and P 2.3.1—Volume 2, of the Building Code .

        (5)         In this regulation—

"prescribed separation distance", in relation to a building, means the separation distance that applies to the building under the Building Code for the purpose of determining requirements for fire-resistance of building elements under the Code;

"sole occupancy unit" has the same meaning as in the Building Code .



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