South Australian Repealed Regulations

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This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - 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.

        (1a)         Pursuant to section 7(3) of the Act, section 33(1)(a) of the Act does not apply to development if, or to the extent to which, the development constitutes development within the ambit of Schedule 1A.

        (2)         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 two 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.

        (3)         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 (2)), 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 .

        (4)         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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