South Australian Repealed Regulations

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This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - SCHEDULE 14A

Schedule 14A—Development involving electricity infrastructure exempt from approval

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 49A of the Act:

            (a)         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 49A of the Act)—

                  (i)         complying development in respect of the relevant Development Plan; or

                  (ii)         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

                  (iii)         the development of land dedicated under the National Parks and Wildlife Act 1972 where such development is carried out in accordance with an adopted plan of management for the park; or

                  (iv)         the construction, reconstruction or alteration of, or addition to, a building contained within the existing security-fenced area of an existing electricity substation; or

                  (v)         the construction, reconstruction or alteration of or addition to, a building which is to be located wholly underground, other than on or under land which is subject to coastal processes, or in relation to which there is evidence to suggest that the land is likely to be affected by coastal processes within the foreseeable future, or on land within the City of Adelaide; or

            (b)         the construction, reconstruction, alteration, repair or maintenance of any underground cable, other than under land which is subject to coastal processes or in relation to which there is evidence to suggest that the land is likely to be affected by coastal processes within the foreseeable future;

            (c)         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

            (d)         a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above; or

            (e)         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

            (f)         the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more.

2         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 49A of the Act:

            (a)         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 49A of the Act)—

                  (i)         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

                  (ii)         the alteration of, or addition to, a building contained within the existing security-fenced area of an existing electricity substation; or

                  (iii)         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

                  (iv)         without limiting subparagraph (iii), the construction or reconstruction of a building—

                        (A)         which is to be located wholly underground; and

                        (B)         which is intended only to house electricity infrastructure (within the meaning of the Electricity Act 1996 ); 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;

            (b)         the construction, reconstruction, alteration, repair or maintenance of any underground cable;

            (c)         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;

            (d)         a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above;

            (e)         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;

            (f)         the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more.



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