South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
Schedule 2—Additional acts and activities constituting development
A1
The following acts or activities constitute
development.
1 (1) Any excavating
or filling (or excavating and filling) of land within the zones and areas to
which this clause applies which involves the excavating or filling (or
excavating and filling) of a volume of material which exceeds nine cubic
metres in total, but not including the excavating of filling (or excavating
and filling) of land—
(a)
incidental to the ploughing or tilling of land for the purpose of agriculture;
or
(b)
incidental to the installation, repair or maintenance of any underground
services; or
(c) on
or within a public road or public road reserve; or
(d) in
the event of an emergency in order—
(i)
to protect life or property; or
(ii)
to protect the environment where authority to undertake
the activity is given by or under another Act.
(2) This clause
applies to—
(a) The
Hills Face Zone.
(b) The
following zones and areas in the Development Plan applying in the area of the
City of Mitcham:
(i)
Residential (Hills) Zone;
(ii)
Residential (Foothills) Zone within the suburb of Bedford
Park;
(iii)
Residential (Blackwood Urban) Zone;
(iv)
Commercial (Main Road) Zone;
(v)
Commercial (Coromandel Parade) Zone;
(vi)
Neighbourhood Centre Zone within the suburb of Belair;
(vii)
Historic (Conservation) Zone—Belair Village;
(viii)
Special Use Zones;
(ix)
Rural Landscape Zone.
(c) The
Residential Policy Area 27—Southern Foothills in the Residential
Zone in the Development Plan applying in the area of the City of Burnside.
2 Any excavating or filling (or excavating and
filling) of land in a local heritage place which involves the excavating or
filling (or excavating and filling) of a volume of material which exceeds nine
cubic metres in total.
3 Any excavating or filling (or excavation and
filling) of land, or the forming of a levee or mound, in a Watercourse Zone,
Flood Zone or Flood Plain delineated by the relevant Development Plan, or in
any other zone or area shown as being subject to flooding or inundation in the
relevant Development Plan, but not including the excavation or filling (or
excavating and filling) of land—
(a)
incidental to the ploughing or tilling of land for the purpose of agriculture;
or
(b)
incidental to the installation, repair or maintenance of any underground
services; or
(c) on
or within a public road or public road reserve; or
(d) in
the event of an emergency in order—
(i)
to protect life or property; or
(ii)
to protect the environment where authority to undertake
the activity is given by or under another Act.
4 Without derogating from the operation of any
other clause, the forming of a levee or mound with a finished height greater
than three metres above the natural surface of the ground.
5 Any excavating or filling (or excavating and
filling)—
(a)
within coastal land, as defined for the purposes of item 1 of Schedule 8; or
(b)
within three nautical miles seaward of the coast measured from mean high water
mark on the sea shore at spring tide,
which involves the excavating or filling (or excavating and filling) of a
volume of material which exceeds nine cubic metres in total.
6 The placing or making of any structure or works
for coastal protection, including the placement of rocks, stones or other
substances designed to control coastal erosion, within 100 metres landward of
the coast measured from mean high water mark on the sea shore at spring tide
or within one kilometre seaward of the coast measured from mean high water
mark on the sea shore at spring tide.
6A (1) Without
derogating from the operation of any other clause, the construction,
installation or placement of any infrastructure for—
(a) the
taking of water from any part of the River Murray system within the River
Murray Floodplain Area; or
(b) the
draining or depositing of any water or other substance or material into any
part of the River Murray system within the River Murray Floodplain Area,
other than—
(c)
where the infrastructure is being constructed, installed or placed by the
Minister for the River Murray (or by a person who is undertaking works for or
on behalf of that Minister); or
(d)
where the infrastructure is to be used for domestic purposes within a
prescribed zone for the purposes of item 19 of Schedule 8.
(2) For the purposes
of subclause (1), a reference to the River Murray Floodplain Area is a
reference to the River Murray Protection Area so designated under the
River Murray Act 2003 .
(3) In
subclause (1)—
infrastructure has the same meaning as in the River Murray Act 2003 ;
River Murray system has the same meaning as in the River Murray Act 2003
.
7 Other than within the City of Adelaide, the
commencement of the display of an advertisement, but not including a change
made to the contents of an existing advertisement if the advertisement area is
not increased.
8 (1) Within the City
of Adelaide, the display of a sign or a change in the type of sign that is on
display, including a change in size and the addition of animation or
illumination.
(2) For the purposes
of subclause (1)—
sign means every painted sign, mural or other sign, signboard, visual display
screen, visual display image, visual display or projection device, other
advertising device, lamp, globe, floodlight, banner, bunting, and streamer,
including any background as well as any lettering and any advertising
structure, but not including—
(a) a
traffic control device displayed and erected under the Road Traffic
Act 1961 ; or
(b) a
sign displayed and erected by the Corporation of the City of Adelaide unless
in relation to a commercial activity or purpose; or
(c) a
sign displayed by reason of any statutory obligation upon the Crown, a
Minister of the Crown, any instrumentality or agency of the Crown, the
council, or a person requiring such display; or
(d) a
sign displayed on enclosed land which is not ordinarily visible from land
outside the enclosure, or from any public place; or
(e) a
sign displayed upon or inside a vehicle other than a vehicle which is adapted
and exhibited primarily as an advertisement; or
(f)
banners displayed in Rundle Mall; or
(g) a
sign not exceeding four square metres in advertisement area, advertising land
for sale or lease that is situated on the land advertised for sale or lease;
or
(h) a
sign affixed to the inside of a window of premises, or displayed inside a
window of premises; or
(i)
a sign displaying the name or street number of premises
and not exceeding 0.2 square metres in area; or
(j) a
moveable sign.
9 (1) The division of
land subject to a lease under a prescribed Crown Lands Act where an
application has been made to the Minister responsible for the administration
of the relevant Act to surrender the lease for freehold title on the basis
that the land will be granted in fee simple and then divided.
(2) In
subclause (1)—
prescribed Crown Lands Act means—
(a) the
Crown Lands Act 1929 ; and
(b) the
Irrigation (Land Tenure) Act 1930 ; and
(c) the
Discharged Soldiers Settlement Act 1934 ; and
(d) the
Marginal Lands Act 1940 ; and
(e) the
War Service Land Settlement Agreement Act 1945 .