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Development Regulations 2008 Under the Development Act 1993

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Development Regulations 2008 Under the Development Act 1993 Version: 1.7.2018 South Australia Development Regulations 2008 under the Development Act 1993 Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Adoption of Building Code 5 Application of Act 5A Presumption with respect to division of certain buildings 5AA Exclusion of certain classes of development from requirement to obtain development plan consent Part 2—Development 6 Additions to definition of development 6A Regulated and significant trees 6B Aboveground and inflatable pools 6C External painting in prescribed areas 7 Exclusions from definition of development 8 Exclusions from definition of development—Colonel Light Gardens State Heritage Area 8A Complying development—development plan consent 8B Complying building work—building rules Part 3—Development plans 9 Statement of Intent 9A Infrastructure planning 10 Consultation with Minister for the River Murray 10A Consultation with government Departments or agencies 11 Prescribed certificate of CEO—section 25 11A Public consultation—sections 25 and 26 12 Public meeting 13 Council report 13A Lapse of DPA—section 25 14 Prescribed plans etc Part 4—Applications for development approval 15 Application to relevant authority 16 Nature of development 17 Non-complying development 18 Notification of application for tree-damaging activity to owner of land 18A Application and provision of information 19 Period for additional information and other matters 20 Amended applications 21 Certification of building indemnity insurance Published under the Legislation Revision and Publication Act 2002 1 Development Regulations 2008—1.7.2018 Contents 22 Withdrawing/lapsing application 23 Contravening development Part 5—Referrals and concurrence 24 Referrals 25 Procedure where concurrence required 26 Form of response 27 Additional information or amended plans 28 Special provisions—referrals 29 Land division applications 30 Underground mains areas 31 Appeals 31A Preliminary advice and agreement—section 37AA Part 6—Public notice and consultation 32 Public notice categories 33 Giving of notice 34 Public inspection of certain applications 35 Lodging written representations 36 Response by applicant 37 Notice of hearing of submissions Part 7—Assessment of developments by Commission 38 Determination of Commission as relevant authority 39 Assessment in respect of Building Rules referred to the council 40 Issue of building rules consent other than by a council Part 8—Determination of an application 41 Time within which decision must be made 42 Notification of decision to applicant (including conditions) 43 Notification of decision to a prescribed body 44 Notification of decision to owner of land 45 Scheme description—community titles 46 Special provision relating to staged consents 47 Endorsed plans 47A Minor variations of development authorisations 48 Lapse of consent or approval Part 9—Special provisions relating to land division Division 1—Preliminary 49 Interpretation Division 2—Prescribed requirements—general land division 50 Prescribed requirements 51 Width of roads and thoroughfares 52 Road widening 53 Requirement as to forming of roads 54 Construction of roads, bridges, drains and services 55 Supplementary provisions 2 Published under the Legislation Revision and Publication Act 2002 1.7.2018—Development Regulations 2008 Contents Division 3—Open space contribution scheme 56 Open space contribution scheme Division 4—Certificate in respect of division of land 57 Exclusion from requirement to obtain a certificate1 58 General land division 59 Division of land by strata title 60 General provisions Part 10—Major developments or projects 61 Declaration by the Minister—section 46 62 Reference of matters to Development Assessment Commission 63 Prescribed criteria 63A Prescribed time period 63B Prescribed fee 63C EIS process—specific provisions 63D PER process—specific provisions 63E DR—specific provisions 64 Referral of assessment of building work 64A Cancellation of development authorisation—section 48 65 Notification of decision Part 11—Development under Division 3 or 3A of Part 4 of Act Division 1—Crown development by State agencies 66 Exclusions from definition of State agency 67 Development excluded from approval and notice 67A Development in Institutional (Riverbank) Zone Division 2—Development involving electricity infrastructure 68 Prescribed persons 69 Development excluded from approval and notice Division 3—General provisions 70 Related provisions 71 Lapse of approval Part 12—Regulation of building work Division 1—Preliminary 72 Interpretation 73 Development Assessment Commission to act outside council areas Division 2—Notifications 74 Notifications during building work Division 3—Building work affecting other land 75 Building work affecting other land Published under the Legislation Revision and Publication Act 2002 3 Development Regulations 2008—1.7.2018 Contents Division 4—Safety, health and amenity 76 Essential safety provisions 76A Fire safety requirements—caravan parks and residential parks 76B Fire safety requirements—smoke alarms in dwellings 76C Fire safety requirements—brush fences 76D Swimming pool safety 76E Swimming pool safety requirements—construction of fences and barriers 77 Health and amenity Division 5—General 78 Building Rules: bushfire prone areas 78AA On-site retention of stormwater 78A Building work on designated Aboriginal lands 78B Control of external sound 79 Construction Industry Training Fund 80 Requirement to up-grade building in certain cases 80A Modification of Building Code (disability access requirements) 80AB Building inspection policies 80ABA Fire safety relating to existing class 2 to 9 buildings Part 13—Classification and occupation of buildings 81 Preliminary 82 Classification of buildings 83 Certificates of occupancy 83A Occupation of Class 1a buildings 83AB Statement of Compliance 83B Swimming pools Part 14—Mining production tenements 84 Mining production tenements Part 15—Advice and certification Division 1—Prescribed qualifications 85 Interpretation 86 Qualifications in planning 87 Qualifications in building 88 Certificate of independent technical expert in certain cases Division 2—Private certification 89 Private certification—authorised functions 90 Engagement of private certifier 91 Qualifications 92 Provision of information 93 Insurance 93A Register of private certifiers 93B Person must avoid conflict of interest as a private certifier Part 16—Miscellaneous 94 Service of notices 95 Fees 4 Published under the Legislation Revision and Publication Act 2002 1.7.2018—Development Regulations 2008 Contents 96 Prescribed rate of interest 97 Limitation on time when action may be taken 98 Register of applications 99 Register of land management agreements 100 Land management agreements—development applications 101 Documents to be preserved by a council 102 Documents to be provided by private certifier 103 Complaints relating to development plan or building work assessment 103A Building Rules assessment audits 103AB Development Plan assessment audits 104 Transfer of development potential 105 Accreditation of building products 106 Adoption of codes and standards 107 Constitution of statutory committees 108 Special committees for certain developments—section 34(1)(b)(vi) 109 Notice of appointment of member of a panel 110 Delegations 111 Application of Fund 112 General offence 113 Notification of urgent work 114 Declaration of commercial competitive interest 115 System indicators 116 Disclosure of financial interests—assessment panels 117 Regulated and significant trees—further provisions 118 Assessment of requirements on division of land—water and sewerage 119 Applications relating to certain electricity generators—fee for issue of certificate by Technical Regulator Schedule 1—Definitions Schedule 1A—Development that does not require development plan consent 1 Preliminary 2 Brush fences 3 Outbuildings 4 Carports and verandahs 5 Swimming pools 6 Spa pools 7 Shade sails 8 Water tanks (above ground) 9 Water tanks (underground) 9A Private bushfire shelters 10 Solar photovoltaic panels 11 Internal building work 12 Demolition 13 Renewing our Streets and Suburbs Stimulus Program 14 Diplomatic mission development 15 Development associated with Institutional (Riverbank) Zone 16 Building work on railway land 17 Horticultural netting Schedule 2—Additional acts and activities constituting development Published under the Legislation Revision and Publication Act 2002 5 Development Regulations 2008—1.7.2018 Contents Schedule 3—Acts and activities that are not development A1 Application of Schedule 3 1 Advertising displays 2 Council works 3 Land division 4 Sundry minor operations 5 Use of land and buildings 6 Special cemetery buildings 7 Inground sewerage pumping stations 8 Inground water valve chamber 9 Certain building work outside council areas 10 Dams 11 Amalgamation of land 12 Aerials, towers etc 13 Railway activities 14 Gas infrastructure 15 Solar photovoltaic panels 16 Aquaculture development 17 Removal of trees in certain cases 18 Cultana Training Area 19 Recreation paths 20 Car park etc in Osborne area of City of Port Adelaide Enfield Schedule 3A—Colonel Light Gardens State Heritage Area A1 Application of Schedule 3A 1 Advertising displays 2 Council works 3 Retirement units 4 Sundry minor operations 5 Use of land and buildings 6 Painting Schedule 4—Complying development Part 1—Complying development—development plan consent (sections 33(1)(a) and 35 of Act and regulation 8A) 1 Building works 2 Building work—detached dwellings—out of council areas 2A Single storey
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