South Australian Consolidated Regulations South Australian Consolidated RegulationsSchedule 14—State agency development exempt from approval
1
(1) The following forms of
development, other than in relation to a State heritage place or within the
Adelaide Park Lands, are excluded from the provisions of section 49 of the
Act:
(i)
the reconstruction (including widening), alteration,
repair or maintenance of any road, bridge, railway, tramway, wharf, jetty or
boat ramp (including pump-out facilities associated with a boat ramp); or
(ii)
the maintenance of a levee bank; or
(b) if
the work is certified by a private certifier, or by some person nominated by
the Minister for the purposes of this provision, as complying with the
Building Rules (or the Building Rules to the extent that is appropriate in the
circumstances after taking into account the requirements of the Building Rules
and, insofar as may be relevant, the matters prescribed under
regulation 70 for the purposes of section 49 of the Act)—
(i)
complying development under these regulations (no matter
what may be specified in the relevant Development Plan), or complying
development under the relevant Development Plan, or development that does not
require development plan consent under Schedule 1A; or
(ii)
the construction, reconstruction or alteration of any of
the following items of infrastructure or works if only of a local nature,
namely, a water treatment station, pressure regulating station, pumping
station, desalination plant, waste water pumping station, water filtration
plant, pump-out facility or sewerage works; or
(iii)
the construction, reconstruction or alteration of a
building or equipment used for or associated with the supply, conversion,
transformation or control of electricity (other than an electricity generating
station or an electricity substation); or
(iv)
the development of land dedicated under the
National Parks and Wildlife Act 1972 ; or
(v)
the construction, reconstruction or alteration of, or
addition to a building contained within the existing security-fenced area of
an existing electricity substation; or
(vi)
the construction, reconstruction or alteration of or
addition to, a building which is to be located wholly underground; or
(vii)
the construction, reconstruction or alteration of, or
addition to, an outbuilding, other than—
(A) the construction of a new building
exceeding 1 storey in height; or
(B) where the relevant work would be
performed within 5 metres of a boundary of the area of the site, or where
the outbuilding is not being constructed, added to or altered so that any part
of the outbuilding is situated within the set back distance of the allotment
prescribed by the relevant Development Plan; or
(C) where the relevant work would affect a
local heritage place; or
(viii)
building work associated with the placement of a
transportable and temporary classroom within the area of an existing school,
other than—
(A) where the building exceeds 1 storey in
height; or
(B) where the classroom would be within 5
metres of a boundary of the area of the school; or
(C) where the building work would affect a
local heritage place; or
(ix)
building work associated with the alteration of, or
addition to, a building, other than—
(A) where the work will result in the
building exceeding 1 storey in height; or
(B) where the building is, or will be when
the building work is completed, within 5 metres of a boundary of the area
of the site; or
(C) where the building work would affect a
local heritage place; or
(D) where the work will result in the total
floor area of the building exceeding 150% of the total floor area prior to the
relevant work; or
(c) the
construction, reconstruction, alteration, repair or maintenance of any drain,
pipe or underground cable; or
(d) the
undertaking of any temporary development which is required in an emergency
situation in order to—
(i)
prevent loss of life or injury; or
(ii)
prevent loss or damage to land or buildings; or
(iii)
maintain essential public services; or
(iv)
prevent a health or safety hazard; or
(v)
protect the environment where authority to undertake the
development is given by or under another Act; or
(da) the
undertaking of any development for a period of not more than 2 years for
the purposes of research, investigation or pilot plants; or
(e) the
excavation, removal or placement of sand and other beach sediment by or as
authorised by the Coast Protection Board on land which is owned by, or under
the care and control of, a council or Crown agency or instrumentality, where
the land is between mean low water mark on the sea shore at spring tide, and
the landward limit of any sandy beach or sand dune; or
(f) the
granting of a lease or licence in a dedicated forest reserve under the
Forestry Act 1950 ; or
(g) an
alteration to the cadastre arising from the administration of the
Crown Lands Act 1929 , the Pastoral Land Management and Conservation
Act 1989 , or the Irrigation Act 1930 , other than where 5 or more
allotments are being created; or
(h) a
division of land arising out of, or reasonably incidental to, the
implementation of any matter referred to above; or
(i)
an alteration, or repairs, to a building—
(i)
which are predominantly internal; and
(ii)
which do not change the external appearance or total
floor area of the building; and
(iii)
which will not adversely affect the structural soundness
of the building or the safety of any person occupying or using it; or
(j)
excavating or filling (or excavating and filling) of up to
1 500 cubic metres of material for the purpose of providing proper
access to an existing wharf, jetty or mooring, but excluding excavating or
filling where more than 1 500 cubic metres of material has been excavated
or filled at the particular place within the previous 12 months; or
(k) the
division of land arising out of the granting of a lease under the
Harbors and Navigation Act 1993 for the purposes of aquaculture; or
(l) the
construction, reconstruction or alteration of a fire hydrant, fire plug or
location indicator in a public place that is not connected with the
performance of any other building work that requires approval under the Act;
or
(m) the
construction, reconstruction or alteration of an electricity power line, other
than a transmission line of 33 000 volts or more; or
(n) the
construction, reconstruction, alteration, repair or maintenance of a beacon,
buoy or other mark or structure (whether or not equipped with a light)
intended to be an aide to navigation, other than a lighthouse, approved by the
Marine Safety Section of Transport SA; or
(o) the
construction of an item of street furniture (including directional signs,
lighting, seating and weather shelters) that is associated with a development
approved, or exempt from approval, under the Act, and directly related to an
activity carried out at the site of the development, or on account of the
development; or
(p) the
construction of any of the following, if carried out by a State agency within
the meaning of section 49 of the Act:
(i)
tourist information or interpretative signs;
(ii)
structures (including billboards) at roadside information
bays;
(iii)
shade-cloth structures;
(iv)
a post and wire fence, including a chain mesh fence; or
(q) the
alteration, repair or maintenance of, or addition to, a wall of an existing
dam for the purpose of increasing the water storage capacity of the dam; or
(r)
works associated with the construction of a road on land which is—
(i)
adjacent to the road; and
(ii)
associated with the construction of the road; or
(s) the
use of any land or building, or the construction or alteration of, or addition
to, a building for the purposes of an aquifer recharge scheme; or
(t) the
construction, reconstruction, alteration or addition to a security fence of an
existing electricity substation or other electricity infrastructure within the
meaning of the Electricity Act 1996 subject to the following limitations:
(i)
the fence must not exceed a height of 3 metres
(measured as a height above the natural surface of the ground);
(ii)
—
(A) in the case of a fence that has a
frontage to a public road—the fence must be a palisade or open metal
fence or a chain mesh fence; or
(B) in any other case—the fence must
be a palisade or open metal fence, a chain mesh fence or a fence clad in
pre-colour treated sheet metal.
(2)
Paragraphs (a), (b)(ii), (b)(vi)—(ix) and (c) of
subclause (1) do not apply to a proposed development if the site where
the development is to be undertaken is subject to coastal processes, or in
relation to which there is evidence to suggest that the site is likely to be
affected by coastal processes within the foreseeable future, unless the Coast
Protection Board has authorised the relevant development.
(3) Subclause (1)
does not apply to any development which comprises a tree-damaging activity in
relation to a regulated tree.
2 The following forms of development in the State
Heritage Area known as Mitcham (City) State Heritage Area (Colonel Light
Gardens), established by the Development Plan that relates to the area of the
City of Mitcham, are excluded from the provisions of section 49 of the Act:
(a) the
undertaking of any temporary development required in an emergency situation in
order to—
(i)
prevent loss of life or injury; or
(ii)
prevent loss or damage to land or buildings; or
(iii)
maintain essential public services; or
(iv)
prevent a health or safety hazard; or
(v)
protect the environment where authority to undertake the
development is given by or under another Act; or
(b) an
alteration, or repairs, to a building that—
(i)
are predominantly internal; and
(ii)
do not change the external appearance or total floor area
of the building; and
(iii)
will not adversely affect the structural soundness of the
building or the safety of any person occupying or using it.
3 The following forms of development are excluded
from the provisions of section 49 of the Act, namely the construction,
reconstruction, alteration, repair or maintenance of infrastructure within the
meaning of the River Murray Act 2003 by the Minister for the River
Murray (or by a person who is acting for or on behalf of that Minister) where
the work is being undertaken in connection with the management of water flows,
or for other environmental purposes, within the River Murray system, as
defined by that Act, for the purposes of the River Murray Act 2003 or the
Murray-Darling Basin Act 1993 .
4 The following forms of development within the
Adelaide Park Lands, other than in relation to a State heritage place, are
excluded from the provisions of section 49 of the Act:
(a)
—
(i)
the alteration, repair or maintenance of a road, bridge,
railway or weir, or the reconstruction of a road where there is no increase in
the area of road; or
(ii)
the maintenance of a levee bank; or
(iii)
the maintenance of the bank of the River Torrens or of
any creek;
(b) if
the work is certified by a private certifier, or by some person nominated by
the Minister for the purposes of this provision, as complying with the
Building Rules (or the Building Rules to the extent that is appropriate in the
circumstances after taking into account the requirements of the Building Rules
and, insofar as may be relevant, the matters prescribed under
regulation 70 for the purposes of section 49 of the Act)—
(i)
the alteration of a local water treatment station,
pressure regulating station or pumping station; or
(ii)
the alteration of a building or equipment used for or
associated with the supply, conversion, transformation or control of
electricity (other than an electricity generating station or an electricity
substation); or
(iii)
the alteration of, or addition to, a building contained
within the existing security-fenced area of an existing electricity
substation; or
(iv)
the alteration of, or addition to, a building—
(A) which is to be located wholly
underground; and
(B) which will not result in a material
change to the existing landform at the site of the development; or
(v)
without limiting subparagraph (iv), the construction
or reconstruction of a building—
(A) which is to be located wholly
underground; and
(B) which is intended only to house public
infrastructure (as defined in section 49(1) of the Act); and
(C) which has a total floor area not
exceeding 15 square metres and a depth (determined according to the
distance below ground level of the base of the building) not exceeding
4 metres; and
(D) which will not result in a material
change to the existing landform at the site of the development; or
(vi)
building work associated with the alteration of, or
addition to, a building within the area of an existing school, other
than—
(A) where the work will result in the
building exceeding 1 storey in height; or
(B) where the building is, or will be when
the building work is completed, within 20 metres of a boundary of the
area of the school; or
(C) where the building work would affect a
local heritage place; or
(D) where the relevant work would affect a
regulated tree;
(c) the
construction, reconstruction, alteration, repair or maintenance of any drain,
pipe or underground cable, other than the construction of a drain with a width
or depth exceeding 1.5 metres or a pipe with a diameter exceeding
1.5 metres;
(d) the
undertaking of any temporary development which is required in an emergency
situation in order to—
(i)
prevent loss of life or injury; or
(ii)
prevent loss or damage to land or buildings; or
(iii)
maintain essential public services; or
(iv)
prevent a health or safety hazard; or
(v)
protect the environment where authority to undertake the
development is given by or under another Act;
(e) an
alteration to the cadastre arising from the administration of the
Adelaide Park Lands Act 2005 ;
(f) a
division of land arising out of, or reasonably incidental to, the
implementation of any matter referred to above;
(g) an
alteration, or repairs, to a building—
(i)
which are predominantly internal; and
(ii)
which do not change the external appearance or total
floor area of the building; and
(iii)
which will not adversely affect the structural soundness
of the building or the safety of any person occupying or using it;
(h) the
construction, reconstruction or alteration of a fire hydrant, fire plug or
location indicator in a public place that is not connected with the
performance of any other building work that requires approval under the Act;
(i)
the construction, reconstruction or alteration of an
electricity power line, other than a transmission line of
33 000 volts or more;
(j) the
construction of information or directional signs (whether attached to a
structure or freestanding) that are associated with a development approved by
the Development Assessment Commission under clause 4A of Schedule 10, and
directly related to an activity carried out at the site of the development, or
on account of the development.
5 (1) The following
forms of development are excluded from the provisions of section 49 of
the Act, namely any development that has been approved by the
State Coordinator-General for the purposes of the Commonwealth Nation Building
Program.
(2) This clause
expires on 31 December 2012.