South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 98B

98B—Land management agreements—development applications

        (1)         The Minister must establish a register of agreements entered into by the Minister, or any other designated Minister, under section 57A of the Act.

        (2)         A council must establish a register of agreements entered into by the council under section 57A of the Act.

        (3)         A register must contain a copy of each agreement entered into by a Minister or the council (as the case may be) under section 57A of the Act and may contain other information the Minister or the council (as the case may be) considers appropriate.

        (4)         The register established by the Minister must be kept at the principal office of the Department of the Minister.

        (5)         A register established by a council must be kept at the principal office of the council.

        (6)         A register must be kept available for public inspection during normal office hours for the office where the register is situated.

        (7)         For the purposes of section 57A(18) of the Act, the period of 9 months from the operative date of the relevant development approval is prescribed.

        (8)         A notice given by the relevant authority under section 57A(18) of the Act—

            (a)         must be in writing; and

            (b)         must identify the relevant development approval according to the site of the proposed development and the date on which the approval was given; and

            (c)         must state that the relevant authority has decided to lapse the development approval because the agreement has not been noted against the relevant instrument of title or land (as the case may be) under section 57A of the Act within the period that applies under subregulation (7); and

            (d)         must be given to each person named as a party to the agreement (other than the relevant authority).

        (9)         The relevant authority must also give a copy of a notice under subregulation (8) to—

            (a)         any owner of the land who is not a party to the agreement; and

            (b)         if the council for the area where the relevant land is situated is not a party to the agreement—the council.

        (10)         In this regulation—

"operative date" of an approval means—

            (a)         the date on which the approval is given; or

            (b)         if the decision to grant the approval has been the subject of an appeal under this Act, the date on which any appeal is dismissed, struck out or withdrawn, or all questions raised by any appeal have been finally determined (other than any question as to costs),

whichever is the later.