South Australian Consolidated Acts

DEVELOPMENT ACT 1993

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Objects
   4.      Interpretation
   5.      Interpretation of Development Plans
   6.      Concept of change in the use of land
   7.      Application of Act

   PART 2--Administration
           Division 1--Constitution of State bodies

              Subdivision 1--The Advisory Committee

   8.      The Development Policy Advisory Committee
   9.      Functions of the Advisory Committee

              Subdivision 2--The Development Assessment Commission

   10.     The Development Assessment Commission
   10A.    Special provision relating to constitution of Development Assessment Commission
   11.     Functions of the Development Assessment Commission
   11A.    Disclosure of financial interests

              Subdivision 3--Supplementary provisions

   12.     Interpretation
   13.     Procedures
   14.     Vacancies or defects in appointment of members
   15.     Immunity of members
   16.     Committees
   17.     Staff
           Division 2--Authorised officers
   18.     Appointment of authorised officers
   19.     Powers of authorised officers to inspect and obtain information
           Division 3--Delegations
   20.     Delegations
           Division 4--Annual report
   21.     Annual report
           Division 5--Codes of conduct
   21A.    Codes of conduct

   PART 3--Planning schemes
           Division 1--The Planning Strategy

   22.     The Planning Strategy
           Division 2--Development Plans

              Subdivision 1--Creation of plans

   23.     Development Plans

              Subdivision 2--Amendments to Development Plans

   24.     Council or Minister may amend a Development Plan
   25.     Amendments by a council
   26.     Amendments by the Minister
   27.     Parliamentary scrutiny
   28.     Interim development control
   29.     Certain amendments may be made without formal procedures

              Subdivision 3--Review of plans by councils

   30.     Review of plans by council

              Subdivision 4--Supplementary provision

   31.     Copies of plans to be made available to the public

   PART 4--Development assessment
           Division 1--General scheme

              Subdivision 1--Approvals

   32.     Development must be approved under this Act
   33.     Matters against which a development must be assessed
   34.     Determination of relevant authority
   35.     Special provisions relating to assessment against a Development Plan
   36.     Special provisions relating to assessment against the Building Rules
   37.     Consultation with other authorities or agencies
   37AA.   Preliminary advice and agreement
   37A.    Proposed development involving creation of fortifications

              Subdivision 2--Consultation

   38.     Public notice and consultation

              Subdivision 3--Procedural issues

   39.     Application and provision of information
   40.     Determination of application
   41.     Time within which decision must be made
   42.     Conditions
   43.     Cancellation by a relevant authority
   44.     General offences
   45.     Offences relating specifically to building work
   45A.    Investigation of development assessment performance
           Division 2--Major developments or projects

              Subdivision 1--Preparation of statements and reports

   46.     Declaration by Minister
   46B.    EIS process--Specific provisions
   46C.    PER process--Specific provisions
   46D.    DR process--Specific provisions
   47.     Amendment of EIS, PER or DR

              Subdivision 2--Governor to give decision on development

   48.     Governor to give decision on development

              Subdivision 3--Related matters

   48A.    Exclusion of particular development or project
   48B.    Variation of application
   48C.    Testing and monitoring
   48D.    Costs
   48E.    Protection from proceedings
           Division 3--Crown development and public infrastructure
   49.     Crown development and public infrastructure
           Division 3A--Electricity infrastructure development
   49A.    Electricity infrastructure development
           Division 4--Supplementary provisions
   50.     Open space contribution scheme
   50A.    Carparking fund
   51.     Certificate in respect of the division of land
   52.     Saving provisions
   52A.    Avoidance of duplication of procedures etc
   53.     Law governing proceedings under this Act
   53A.    Requirement to up-grade building in certain cases
   54.     Urgent building work
   54A.    Urgent work in relation to trees
   54B.    Interaction of controls on trees with other legislation
   55.     Action if development not completed
   56.     Completion of work
   56A.    Councils to establish development assessment panels
   56B.    Building Rules assessment audits

   PART 5--Land management agreements

   57.     Land management agreements
   57A.    Land management agreements--development applications

   PART 6--Regulation of building work
           Division 1--Preliminary

   58.     Interpretation
           Division 2--Notifications
   59.     Notification during building
           Division 3--Building work affecting other land
   60.     Work that affects stability
   61.     Construction of party walls
   62.     Rights of building owner
   63.     Power of entry
   64.     Appropriation of expense
           Division 4--Classification and occupation of buildings
   65.     Buildings owned or occupied by the Crown
   66.     Classification of buildings
   67.     Certificates of occupancy
   68.     Temporary occupation
   68A.    Private certifiers
           Division 5--Emergency orders
   69.     Emergency orders
           Division 6--Building safety
   70.     Preliminary
   71.     Fire safety
           Division 6A--Building inspection policies
   71A.    Building inspection policies
           Division 7--Liability
   72.     Negation of joint and several liability in certain cases
   73.     Limitation on time when action may be taken

   PART 7--Regulation of advertisements

   74.     Advertisements

   PART 8--Special provisions relating to mining

   75.     Applications for mining tenements to be referred in certain cases to the Minister
   75A.    Ministerial declarations--related matters
   76.     This Act not to affect operations carried on in pursuance of Mining Acts except as provided in this Part

   PART 9--Acquisition of land

   77.     Purchase of land by agreement
   78.     Compulsory acquisition of land

   PART 10--The Fund

   79.     Continuance of the Fund
   80.     Borrowing
   81.     Application of the Fund
   82.     Accounts and audit

   PART 11--Enforcement, disputes and appeals
           Division 1--Enforcement

   83.     Interpretation--Breach of Act
   84.     Enforcement notices
   85.     Applications to Court
           Division 2--Disputes and appeals
   86.     General right to apply to Court
   87.     Building referees
   88.     Powers of Court in determining any matter
           Division 3--Initiation of proceedings to gain a commercial competitive advantage
   88A.    Preliminary
   88B.    Declaration of interest
   88C.    Right of action in certain circumstances

   PART 12--Private certification

   89.     Preliminary
   90.     When may a private certifier be used?
   91.     Who may act as a private certifier?
   92.     Circumstances in which a private certifier may not act
   93.     Authority to be advised of certain matters
   94.     Referrals
   95.     Referrals to other private certifiers
   96.     Removal etc of private certifier
   97.     Duties of private certifiers

   PART 13--Miscellaneous

   98.     Constitution of Environment, Resources and Development Court
   99.     Exemption from certain action
   100.    Insurance requirements
   101.    Professional advice to be obtained in relation to certain matters
   102.    Confidential information
   103.    False or misleading information
   104.    Accreditation of building products etc
   105.    General provisions relating to offences
   106.    Order to rectify breach
   107.    Charges on land
   108.    Regulations
           SCHEDULE 1--Regulations
           SCHEDULE 2--Disclosure of financial interests
           Legislative history

           Appendix--Divisional penalties and expiation fees