South Australian Consolidated Acts South Australian Consolidated ActsNotes
• This version is comprised of the following:
|
Part 1 |
15.12.2008 |
|
Part 2 |
6.11.2008 |
|
Part 3 |
26.3.2009 |
|
Part 4 |
1.3.2009 |
|
Part 5 |
1.3.2009 |
|
Part 6 |
1.10.2008 |
|
Part 7 |
26.4.2007 |
|
Part 8 |
1.10.2009 |
|
Part 9 |
26.4.2007 |
|
Part 10 |
26.4.2007 |
|
Part 11 |
1.3.2009 |
|
Part 12 |
26.4.2007 |
|
Part 13 |
26.3.2009 |
|
Schedules |
1.6.2007 |
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1993 |
55 |
27.5.1993 |
15.1.1994 (Gazette 27.10.1993 p1888) |
|
|
1993 |
76 |
27.10.1993 |
1.5.1995 (Gazette 27.4.1995 p1563) except Sch 2
(cl 4(c))—27.10.1995 (s 7(5) Acts Interpretation
Act 1915) |
|
|
1994 |
18 |
Parliamentary Committees (Miscellaneous) Amendment
Act 1994 |
12.5.1994 |
12.5.1994 (Gazette 12.5.1994 p1188) |
|
1995 |
53 |
Development (Review) Amendment Act 1995 |
3.8.1995 |
23.11.1995 (Gazette 23.11.1995 p1412) |
|
1996 |
38 |
Statutes Amendment (Community Titles) Act 1996 |
9.5.1996 |
ss 5—7—4.11.1996 (Gazette 31.10.1996
p1460) |
|
1996 |
63 |
Development (Major Development Assessment) Amendment
Act 1996 |
15.8.1996 |
2.1.1997 (Gazette 2.1.1997 p4) |
|
1996 |
67 |
Statutes Amendment (Attorney-General's Portfolio)
Act 1996 |
15.8.1996 |
ss 13 & 14—2.1.1997 (Gazette 2.1.1997 p4) |
|
1997 |
3 |
Development (Private Certification) Amendment
Act 1997 |
27.2.1997 |
1.9.1997 (Gazette 14.8.1997 p336) |
|
1997 |
35 |
Statutes Amendment (Water Resources) Act 1997 |
19.6.1997 |
Pt 2 (s 4)—2.7.1997 (Gazette 26.6.1997
p3052) |
|
1997 |
70 |
Development (Building Rules) Amendment Act 1997 |
18.12.1997 |
1.1.1998 (Gazette 24.12.1997 p1864) |
|
1999 |
36 |
Electricity Corporations (Restructuring and Disposal)
Act 1999 |
1.7.1999 |
Sch 4 (cll1—3)—29.7.1999 (Gazette 29.7.1999
p528) |
|
1999 |
73 |
Mining (Private Mines) Amendment Act 1999 |
25.11.1999 |
s 8—1.9.2000 (Gazette 31.8.2000 p970) |
|
2000 |
3 |
Development (Significant Trees) Amendment Act 2000 |
20.4.2000 |
20.4.2000 (Gazette 20.4.2000 p2194) |
|
2000 |
11 |
4.5.2000 |
4.5.2002 (s 7(5) Acts Interpretation Act 1915) |
|
|
2000 |
61 |
27.7.2000 |
16.11.2000 (Gazette 16.11.2000 p3196) |
|
|
2000 |
88 |
Development (System Improvement Program) Amendment
Act 2000 |
21.12.2000 |
2.4.2001 (Gazette 29.3.2001 p1436) except ss 23, 25, 27, 28
& 29—2.7.2001 (Gazette 21.6.2001 p2270) |
|
2001 |
16 |
Statutes Amendment (Avoidance of Duplication of Environmental
Procedures) Act 2001 |
17.5.2001 |
Pt 2 (s 4)—14.6.2001 (Gazette 14.6.2001
p2221) |
|
2003 |
35 |
31.7.2003 |
Sch (cl 5)—24.11.2003 (Gazette 20.11.2003
p4203) |
|
|
2003 |
46 |
Statutes (Anti-Fortification) Act 2003 |
30.10.2003 |
Pt 2 (ss 4—7)—1.2.2004 (Gazette 15.1.2004
p197) |
|
2004 |
23 |
Statutes Amendment (Courts) Act 2004 |
8.7.2004 |
Pt 5 (s 8)—1.9.2004 (Gazette 26.8.2004
p3402) |
|
2005 |
5 |
14.4.2005 |
Sch 2 (cll 8—16)—1.7.2005 (Gazette 2.6.2005
p1684) |
|
|
2005 |
39 |
Heritage (Heritage Directions) Amendment Act 2005 |
14.7.2005 |
Sch 1 (cll 2—8)—17.11.2005 (Gazette 17.11.2005
p3972) |
|
2005 |
40 |
14.7.2005 |
Sch 6 (cll 2 & 3)—1.10.2005 (Gazette 29.9.2005
p3547) |
|
|
2005 |
58 |
River Murray (Miscellaneous) Amendment Act 2005 |
17.11.2005 |
Sch 1 (cl 2)—8.12.2005 (Gazette 8.12.2005
p4194) |
|
2005 |
69 |
8.12.2005 |
Sch 1 (cll 3, 4, new s 49(18), (19)(a) (as inserted by cl 5) and
cl 6)—14.12.2006 (Gazette 7.12.2006 p4269); new
s 49(19)(b), (20)—(22) (as inserted by cl 5)—26.4.2007
(Gazette 26.4.2007 p1348) |
|
|
2005 |
79 |
Development (Miscellaneous) Amendment Act 2005 |
8.12.2005 |
Pt 2 (ss 4(1), (5), 5—10, 12—16,
22—28)—12.1.2006 (Gazette 12.1.2006 p43); ss 4(2), (3), 11,
21—20.4.2006 (Gazette 20.4.2006 p1127); s 17—1.7.2007
(Gazette 28.6.2007 p2826); ss 4(4), 18—20—8.12.2007
(s 7(5) Acts Interpretation Act 1915) |
|
2006 |
15 |
Development (Panels) Amendment Act 2006 |
29.6.2006 |
Pt 2 (ss 4—13)—23.11.2006 (Gazette 23.11.2006
p4078) |
|
2006 |
17 |
Statutes Amendment (New Rules of Civil Procedure) Act 2006 |
6.7.2006 |
Pt 27 (s 107)—4.9.2006 (Gazette 17.8.2006 p2831) |
|
2006 |
25 |
Development (Development Plans) Amendment Act 2006 |
23.11.2006 |
Pt 2 (ss 4—9, 14(1), (3), 15, 18—25, 26(1), (2), 27—29)
& Sch 1 (cll 4, 7 & 8)—14.12.2006 (Gazette 14.12.2006
p4364); Sch 1 cl 5(7)—22.3.2007 (Gazette 22.3.2007
p864); s 26(3)—26.4.2007 (Gazette 26.4.2007 p1350);
ss 10—13, 14(2) & Sch 1
(cl 5(1)—(6))—27.9.2007 (Gazette 27.9.2007 p3841);
ss 16, 17, 30 & Sch 1 (cl 6)—23.11.2008 (s 7(5)
Acts Interpretation Act 1915) |
|
2006 |
38 |
Development (Building Safety) Amendment Act 2006 |
14.12.2006 |
14.12.2006 (Gazette 14.12.2006 p4363) |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 28 (ss 90 & 91)—1.6.2007 (Gazette 26.4.2007
p1352) |
|
2007 |
17 |
Development (Assessment Procedures) Amendment Act 2007 |
5.4.2007 |
Pt 2 (ss 4—8, 10(6), 11—21, 22(1), 23(2),
24—28, 30—37)—26.4.2007 (Gazette 26.4.2007 p1349);
s 9—29.11.2007 (Gazette 29.11.2007 p4382); s 29 &
Sch 1 cl 4—1.10.2008 (Gazette 24.4.2008 p1438);
ss 10(1)—(5), (7), (8), 22(2) & 23(1)—1.3.2009 (Gazette
26.2.2009 p763) |
|
2007 |
20 |
Statutes Amendment (Affordable Housing) Act 2007 |
14.6.2007 |
Pt 7 (ss 95 & 96)—1.7.2007 (Gazette 28.6.2007 p2826);
ss 97 & 98—26.3.2009 (Gazette 26.3.2009 p1153) |
|
2007 |
60 |
29.11.2007 |
Sch 1 (cll 8—16)—6.11.2008 (Gazette 6.11.2008
p5055) |
|
|
2008 |
41 |
6.11.2008 |
Sch 1 (cll 2 & 3)—15.12.2008 (Gazette 11.12.2008
p5475) |
|
|
2009 |
1 |
Development (Planning and Development Review) Amendment Act
2009 |
12.2.2009 |
1.3.2009 immediately after s 10(1)—(5) of 17/2007 (Gazette
26.2.2009 p763) |
|
2009 |
35 |
Petroleum (Miscellaneous) Amendment Act 2009 |
23.7.2009 |
Sch 1 (cl 1)—1.10.2009 (Gazette 1.10.2009
p4764) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
24.11.2003 |
|
s 3 |
amended by 88/2000 s 3 |
2.4.2001 |
|
|
amended by 20/2007 s 95 |
1.7.2007 |
|
s 4 |
|
|
|
s 4(1) |
|
|
|
inserted by 5/2005 Sch 2 (cl 8(1)) |
1.7.2005 |
|
|
inserted by 69/2005 Sch 1 cl 3 |
14.12.2006 |
|
|
substituted by 38/1996 s 5(a) |
4.11.1996 |
|
|
inserted by 70/1997 s 3(a) |
1.1.1998 |
|
|
|
substituted by 79/2005 s 4(1) |
12.1.2006 |
|
Building Rules Assessment Commission |
inserted by 70/1997 s 3(b) |
1.1.1998 |
|
inserted by 17/2007 s 4(1) |
26.4.2007 |
|
|
amended by 79/2005 s 4(2) |
20.4.2006 |
|
|
|
(b) deleted by 79/2005 s 4(3) |
20.4.2006 |
|
amended by 3/2000 s 3(a), (b) |
20.4.2000 |
|
|
|
amended by 46/2003 s 4(1) |
1.2.2004 |
|
|
amended by 79/2005 s 4(4) |
8.12.2007 |
|
inserted by 17/2007 s 4(2) |
26.4.2007 |
|
|
amended by 38/1996 s 5(b) |
4.11.1996 |
|
|
inserted by 43/2006 s 90(1) |
1.6.2007 |
|
|
DR |
inserted by 63/1996 s 3(a) |
2.1.1997 |
|
EIS |
inserted by 63/1996 s 3(a) |
2.1.1997 |
|
inserted by 76/1993 Sch 2 cl 4(a) |
1.5.1995 |
|
|
amended by 40/2005 Sch 6 cl 2 |
1.10.2005 |
|
|
inserted by 46/2003 s 4(2) |
1.2.2004 |
|
|
LGA |
inserted by 79/2005 s 4(5) |
12.1.2006 |
|
inserted by 25/2006 s 4(1) |
14.12.2006 |
|
|
inserted by 60/2007 Sch 1 cl 8(1) |
6.11.2008 |
|
|
Major Developments Panel |
inserted by 63/1996 s 3(b) |
2.1.1997 |
|
|
deleted by 25/2006 s 4(2) |
14.12.2006 |
|
the Mining Acts |
amended by 88/2000 s 4(a) |
2.4.2001 |
|
|
amended by 11/2000 Sch 2 |
4.5.2002 |
|
amended by 88/2000 s 4(b) |
2.4.2001 |
|
|
|
amended by 11/2000 Sch 2 |
4.5.2002 |
|
inserted by 5/2005 Sch 2 (cl 8(2)) |
1.7.2005 |
|
|
inserted by 60/2007 Sch 1 cl 8(2) |
6.11.2008 |
|
|
inserted by 35/2003 Sch cl 5(a) |
24.11.2003 |
|
|
inserted by 35/2003 Sch cl 5(a) |
24.11.2003 |
|
|
|
substituted by 41/2008 Sch 1 cl 2 |
15.12.2008 |
|
PER |
inserted by 63/1996 s 3(c) |
2.1.1997 |
|
provisional building rules consent |
deleted by 17/2007 s 4(3) |
26.4.2007 |
|
provisional development plan consent |
deleted by 17/2007 s 4(4) |
26.4.2007 |
|
inserted by 88/2000 s 4(c) |
2.4.2001 |
|
|
|
amended by 43/2006 s 90(2) |
1.6.2007 |
|
substituted by 88/2000 s 4(c) |
2.4.2001 |
|
|
inserted by 88/2000 s 4(c) |
2.4.2001 |
|
|
substituted by 3/1997 s 3 |
1.9.1997 |
|
|
inserted by 3/2000 s 3(c) |
20.4.2000 |
|
|
inserted by 39/2005 Sch 1 cl 2(1) |
17.11.2005 |
|
|
inserted by 88/2000 s 4(d) |
2.4.2001 |
|
|
|
substituted by 43/2006 s 90(3) |
1.6.2007 |
|
State Heritage Authority |
deleted by 39/2005 Sch 1 cl 2(2) |
17.11.2005 |
|
inserted by 3/2000 s 3(d) |
20.4.2000 |
|
|
s 4(4)—(6) |
inserted by 63/1996 s 3(d) |
2.1.1997 |
|
s 4(7) |
inserted by 70/1997 s 3(c) |
1.1.1998 |
|
s 4(8) |
inserted by 88/2000 s 4(e) |
2.4.2001 |
|
|
amended by 43/2006 s 90(4)—(6) |
1.6.2007 |
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
|
|
|
s 10 |
|
|
|
s 10(3) |
amended by 15/2006 s 4(1), (2) |
23.11.2006 |
|
s 10(9) |
amended by 15/2006 s 4(3) |
23.11.2006 |
|
s 10A |
inserted by 25/2006 s 5 |
14.12.2006 |
|
s 10A(5) |
substituted by 60/2007 Sch 1 cl 9(1) |
6.11.2008 |
|
s 10A(6) |
amended by 60/2007 Sch 1 cl 9(2), (3) |
6.11.2008 |
|
s 10A(6a) |
inserted by 60/2007 Sch 1 cl 9(4) |
6.11.2008 |
|
s 11 |
|
|
|
s 11(1) |
(b) and (c) deleted by 25/2006 s 6(1) |
14.12.2006 |
|
s 11(1a) |
inserted by 25/2006 s 6(2) |
14.12.2006 |
|
s 11A |
inserted by 15/2006 s 5 |
23.11.2006 |
|
s 13 |
|
|
|
s 13(5) |
substituted by 15/2006 s 6 |
23.11.2006 |
|
s 13(5a) |
inserted by 15/2006 s 6 |
23.11.2006 |
|
s 17 |
|
|
|
s 17(2) |
substituted by 79/2005 s 5 |
12.1.2006 |
|
Pt 2 Div 3 |
|
|
|
s 20 |
|
|
|
s 20(1) |
substituted by 88/2000 s 5(a) |
2.4.2001 |
|
s 20(2) |
amended by 88/2000 s 5(b), (c) |
2.4.2001 |
|
|
amended by 15/2006 s 7 |
23.11.2006 |
|
s 20(7) |
amended by 88/2000 s 5(d) |
2.4.2001 |
|
Pt 2 Div 4 |
|
|
|
s 21 |
|
|
|
s 21(1) |
amended by 25/2006 s 7 |
14.12.2006 |
|
Pt 2 Div 5 |
inserted by 79/2005 s 6 |
12.1.2006 |
|
s 21A |
|
|
|
s 21A(1) |
amended by 15/2006 s 8 |
23.11.2006 |
|
Pt 3 |
|
|
|
Pt 3 Div 1 |
|
|
|
s 22 |
|
|
|
s 22(3a) |
inserted by 35/2003 Sch cl 5(b) |
24.11.2003 |
|
|
substituted by 5/2005 Sch 2 (cl 9) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 10 |
6.11.2008 |
|
s 22(3b) and (3c) |
inserted by 25/2006 s 8(1) |
14.12.2006 |
|
s 22(4a) |
inserted by 35/2003 Sch cl 5(c) |
24.11.2003 |
|
s 22(6) |
amended by 25/2006 s 8(2) |
14.12.2006 |
|
s 22(7a) |
inserted by 25/2006 s 8(3) |
14.12.2006 |
|
Pt 3 Div 2 |
|
|
|
Pt 3 Div 2 Subdiv 1 |
|
|
|
s 23 |
|
|
|
s 23(3) |
amended by 20/2007 s 96 |
1.7.2007 |
|
s 23(3a) |
inserted by 25/2006 s 9 |
14.12.2006 |
|
s 23(4) |
amended by 3/2000 s 4(a) |
20.4.2000 |
|
s 23(4aa) |
inserted by 39/2005 Sch 1 cl 3 |
17.11.2005 |
|
s 23(4a) |
inserted by 3/2000 s 4(b) |
20.4.2000 |
|
Pt 3 Div 2 Subdiv 2 |
|
|
|
s 24 |
|
|
|
s 24(1) |
amended by 53/1995 s 3 |
23.11.1995 |
|
|
amended by 88/2000 s 6 |
2.4.2001 |
|
|
amended by 35/2003 Sch cl 5(d) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 10(1)) |
1.7.2005 |
|
|
amended by 39/2005 Sch 1 cl 4(1) |
17.11.2005 |
|
|
amended by 79/2005 s 7(1) |
12.1.2006 |
|
|
amended by 25/2006 s 10(1)—(7) |
27.9.2007 |
|
|
amended by 60/2007 Sch 1 cl 11(1) |
6.11.2008 |
|
s 24(1a) and (1b) |
inserted by 25/2006 s 10(8) |
27.9.2007 |
|
s 24(2) |
amended by 39/2005 Sch 1 cl 4(2) |
17.11.2005 |
|
s 24(2a) |
inserted by 79/2005 s 7(2) |
12.1.2006 |
|
s 24(3) |
inserted by 35/2003 Sch cl 5(e) |
24.11.2003 |
|
|
substituted by 58/2005 Sch 1 cl 2(1) |
8.12.2005 |
|
|
substituted by 60/2007 Sch 1 cl 11(2) |
6.11.2008 |
|
s 24(3a) |
inserted by 58/2005 Sch 1 cl 2(1) |
8.12.2005 |
|
s 24(4) |
inserted by 5/2005 Sch 2 (cl 10(2)) |
1.7.2005 |
|
|
deleted by 60/2007 Sch 1 cl 11(3) |
6.11.2008 |
|
s 24(5) |
inserted by 58/2005 Sch 1 cl 2(2) |
8.12.2005 |
|
|
amended by 60/2007 Sch 1 cl 11(4) |
6.11.2008 |
|
s 24(6) |
inserted by 58/2005 Sch 1 cl 2(2) |
8.12.2005 |
|
|
amended by 60/2007 Sch 1 cl 11(5) |
6.11.2008 |
|
s 25 |
|
|
|
s 25(2) |
amended by 25/2006 s 11(1) |
27.9.2007 |
|
s 25(3) |
amended by 88/2000 s 7(a) |
2.4.2001 |
|
|
substituted by 25/2006 s 11(2) |
27.9.2007 |
|
s 25(4) |
substituted by 25/2006 s 11(2) |
27.9.2007 |
|
s 25(5)—(11) |
substituted by 88/2000 s 7(b) |
2.4.2001 |
|
|
substituted by 25/2006 s 11(2) |
27.9.2007 |
|
s 25(12) |
substituted by 88/2000 s 7(b) |
2.4.2001 |
|
|
amended by 25/2006 s 11(3) |
27.9.2007 |
|
s 25(13) |
substituted by 88/2000 s 7(b) |
2.4.2001 |
|
|
amended by 25/2006 s 11(4), (5) |
27.9.2007 |
|
s 25(14) |
substituted by 88/2000 s 7(b) |
2.4.2001 |
|
s 25(15) |
inserted by 88/2000 s 7(b) |
2.4.2001 |
|
|
amended by 25/2006 s 11(6)—(8) |
27.9.2007 |
|
s 25(16)—(18) |
inserted by 88/2000 s 7(b) |
2.4.2001 |
|
s 25(19) |
inserted by 88/2000 s 7(b) |
2.4.2001 |
|
|
amended by 25/2006 s 11(9) |
27.9.2007 |
|
s 25(20) |
inserted by 88/2000 s 7(b) |
2.4.2001 |
|
|
amended by 25/2006 s 11(10) |
27.9.2007 |
|
s 25(21) |
inserted by 88/2000 s 7(b) |
2.4.2001 |
|
s 25(21a) and (21b) |
inserted by 25/2006 s 11(11) |
27.9.2007 |
|
s 25(22) |
inserted by 88/2000 s 7(b) |
2.4.2001 |
|
s 25(23) |
inserted by 25/2006 s 11(12) |
27.9.2007 |
|
s 26 |
|
|
|
s 26(1)—(3) |
substituted by 25/2006 s 12(1) |
27.9.2007 |
|
s 26(4) |
substituted by 88/2000 s 8(a) |
2.4.2001 |
|
|
substituted by 25/2006 s 12(1) |
27.9.2007 |
|
s 26(5) |
deleted by 88/2000 s 8(a) |
2.4.2001 |
|
|
inserted by 25/2006 s 12(1) |
27.9.2007 |
|
s 26(5a)—(5d) |
inserted by 25/2006 s 12(1) |
27.9.2007 |
|
s 26(6) |
amended by 88/2000 s 8(b), (c) |
2.4.2001 |
|
|
amended by 25/2006 s 12(2)—(4) |
27.9.2007 |
|
s 26(7) |
amended by 88/2000 s 8(d) |
2.4.2001 |
|
|
substituted by 25/2006 s 12(5) |
27.9.2007 |
|
s 26(8) |
amended by 88/2000 s 8(e) |
2.4.2001 |
|
s 26(9) and (10) |
inserted by 88/2000 s 8(f) |
2.4.2001 |
|
s 26(11) |
inserted by 88/2000 s 8(f) |
2.4.2001 |
|
|
amended by 25/2006 s 12(6)—(13) |
27.9.2007 |
|
s 26(12) |
inserted by 88/2000 s 8(f) |
2.4.2001 |
|
s 27 |
|
|
|
s 27(1) |
substituted by 88/2000 s 9(a) |
2.4.2001 |
|
s 27(2) |
deleted by 88/2000 s 9(a) |
2.4.2001 |
|
|
inserted by 25/2006 s 13(1) |
27.9.2007 |
|
s 27(3) |
amended by 88/2000 s 9(b) |
2.4.2001 |
|
s 27(4) |
amended by 25/2006 s 13(2) |
27.9.2007 |
|
s 27(4a) and (4b) |
inserted by 25/2006 s 13(3) |
27.9.2007 |
|
s 27(5) |
amended by 88/2000 s 9(c) |
2.4.2001 |
|
s 27(6) |
amended by 88/2000 s 9(d) |
2.4.2001 |
|
s 28 |
|
|
|
s 28(1) |
amended by 25/2006 s 14(1) |
14.12.2006 |
|
|
amended by 25/2006 s 14(2) |
27.9.2007 |
|
s 28(4) |
amended by 88/2000 s 10 |
2.4.2001 |
|
|
amended by 25/2006 s 14(3) |
14.12.2006 |
|
s 29 |
|
|
|
s 29(1) |
amended by 35/1997 s 4 |
2.7.1997 |
|
s 29(2) |
amended by 88/2000 s 11 |
2.4.2001 |
|
|
amended by 25/2006 s 15(1) |
14.12.2006 |
|
s 29(3) |
amended by 39/2005 Sch 1 cl 5 |
17.11.2005 |
|
|
amended by 25/2006 s 15(2) |
14.12.2006 |
|
s 29(5) |
inserted by 25/2006 s 15(3) |
14.12.2006 |
|
Pt 3 Div 2 Subdiv 3 before substitution by
25/2006 |
|
|
|
s 30 |
|
|
|
s 30(5) |
substituted by 53/1995 s 4(a) |
23.11.1995 |
|
s 30(5a) |
inserted by 53/1995 s 4(a) |
23.11.1995 |
|
s 30(6) |
amended by 53/1995 s 4(b) |
23.11.1995 |
|
|
amended by 63/1996 s 4 |
2.1.1997 |
|
Pt 3 Div 2 Subdiv 3 |
substituted by 25/2006 s 16 |
23.11.2008 |
|
s 30 |
|
|
|
s 30(1) |
amended by 20/2007 s 97 |
26.3.2009 |
|
Pt 3 Div 2 Subdiv 4 |
|
|
|
s 31A |
inserted by 25/2006 s 17 |
23.11.2008 |
|
Pt 4 |
|
|
|
heading |
substituted by 88/2000 s 12 |
2.4.2001 |
|
Pt 4 Div 1 |
|
|
|
heading |
substituted by 88/2000 s 13 |
2.4.2001 |
|
s 33 |
|
|
|
s 33(1) |
amended by 53/1995 s 5 |
23.11.1995 |
|
|
amended by 38/1996 s 6 |
4.11.1996 |
|
|
amended by 88/2000 s 14(a) |
2.4.2001 |
|
|
amended by 79/2005 s 8(1)—(4) |
12.1.2006 |
|
|
amended by 17/2007 s 5(1), (2) |
26.4.2007 |
|
s 33(3) |
amended by 17/2007 s 5(3) |
26.4.2007 |
|
s 33(4) |
inserted by 3/1997 s 4 |
1.9.1997 |
|
s 33(4a) and (4b) |
inserted by 1/2009 s 4 |
1.3.2009 |
|
s 33(5) |
inserted by 88/2000 s 14(b) |
2.4.2001 |
|
s 34 |
|
|
|
s 34(1) |
amended by 63/1996 s 5(a)—(c) |
2.1.1997 |
|
|
amended by 88/2000 s 15(a)—(e) |
2.4.2001 |
|
|
amended by 35/2003 Sch cl 5(f) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 11) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 12 |
6.11.2008 |
|
s 34(1a) |
inserted by 63/1996 s 5(d) |
2.1.1997 |
|
|
amended by 88/2000 s 15(f) |
2.4.2001 |
|
s 34(1b) |
inserted by 17/2007 s 6(1) |
26.4.2007 |
|
s 34(2) |
amended by 88/2000 s 15(g)—(j) |
2.4.2001 |
|
|
amended by 17/2007 s 6(2) |
26.4.2007 |
|
s 34(3) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
|
substituted by 17/2007 s 6(3) |
26.4.2007 |
|
s 34(4)—(6) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
s 34(6a) |
inserted by 15/2006 s 9(1) |
23.11.2006 |
|
s 34(7) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
|
amended by 15/2006 s 9(2), (3) |
23.11.2006 |
|
s 34(8) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
s 34(8a) |
inserted by 15/2006 s 9(4) |
23.11.2006 |
|
s 34(9)—(11) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
s 34(12) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
|
amended by 15/2006 s 9(5) |
23.11.2006 |
|
s 34(13)—(18) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
s 34(18a)—(18d) |
inserted by 15/2006 s 9(6) |
23.11.2006 |
|
s 34(19)—(22) |
inserted by 88/2000 s 15(k) |
2.4.2001 |
|
s 34(23)—(27) |
inserted by 15/2006 s 9(7) |
23.11.2006 |
|
s 35 |
|
|
|
s 35(1) |
amended by 17/2007 s 7(1) |
26.4.2007 |
|
|
amended by 1/2009 s 5(1) |
1.3.2009 |
|
s 35(1a) |
inserted by 88/2000 s 16(a) |
2.4.2001 |
|
|
amended by 46/2003 s 5 |
1.2.2004 |
|
s 35(1b)—(1e) |
inserted by 1/2009 s 5(2) |
1.3.2009 |
|
s 35(3) |
amended by 17/2007 s 7(2), (3) |
26.4.2007 |
|
s 35(3a) |
inserted by 88/2000 s 16(b) |
2.4.2001 |
|
s 35(4) |
amended by 79/2005 s 9(1) |
12.1.2006 |
|
s 35(4a) |
inserted by 17/2007 s 7(4) |
26.4.2007 |
|
s 35(5) |
inserted by 79/2005 s 9(2) |
12.1.2006 |
|
s 36 |
|
|
|
s 36(1) |
amended by 17/2007 s 8(1) |
26.4.2007 |
|
s 36(2) |
amended by 3/1997 s 5(a) |
1.9.1997 |
|
|
substituted by 70/1997 s 4(a) |
1.1.1998 |
|
|
(b)—(d) deleted by 3/1997 s 5(a) |
1.9.1997 |
|
|
amended by 17/2007 s 8(2) |
26.4.2007 |
|
s 36(2a) |
inserted by 70/1997 s 4(a) |
1.1.1998 |
|
|
amended by 17/2007 s 8(3) |
26.4.2007 |
|
s 36(2b) |
inserted by 70/1997 s 4(a) |
1.1.1998 |
|
s 36(2c) |
inserted by 17/2007 s 8(4) |
26.4.2007 |
|
s 36(3) |
amended by 70/1997 s 4(b) |
1.1.1998 |
|
|
amended by 17/2007 s 8(5) |
26.4.2007 |
|
s 36(3a) |
inserted by 70/1997 s 4(c) |
1.1.1998 |
|
s 36(5) |
substituted by 3/1997 s 5(b) |
1.9.1997 |
|
s 36(7) |
inserted by 3/1997 s 5(c) |
1.9.1997 |
|
|
substituted by 70/1997 s 4(d) |
1.1.1998 |
|
|
amended by 17/2007 s 8(6) |
26.4.2007 |
|
s 37 |
|
|
|
s 37(1) |
amended by 46/2003 s 6 |
1.2.2004 |
|
s 37(6) |
substituted by 1/2009 s 6 |
1.3.2009 |
|
s 37(7) |
inserted by 1/2009 s 6 |
1.3.2009 |
|
s 37AA |
inserted by 17/2007 s 9 |
29.11.2007 |
|
s 37A |
inserted by 46/2003 s 7 |
1.2.2004 |
|
s 38 |
|
|
|
s 38(1) |
amended by 17/2007 s 10(1), (2) |
1.3.2009 |
|
s 38(2) |
amended by 76/1993 Sch 2 cl 4(b) |
1.5.1995 |
|
|
substituted by 17/2007 s 10(3) |
1.3.2009 |
|
|
substituted by 1/2009 s 7(1) |
1.3.2009 |
|
s 38(2a) |
inserted by 76/1993 Sch 2 cl 4(c) |
27.10.1995 |
|
s 38(2b) |
inserted by 17/2007 s 10(4) |
1.3.2009 |
|
|
deleted by 1/2009 s 7(2) |
1.3.2009 |
|
s 38(2c) |
inserted by 17/2007 s 10(4) |
1.3.2009 |
|
s 38(3) |
substituted by 1/2009 s 7(3) |
1.3.2009 |
|
s 38(3a) |
inserted by 17/2007 s 10(5) |
1.3.2009 |
|
|
substituted by 1/2009 s 7(4) |
1.3.2009 |
|
s 38(6) |
substituted by 76/1993 Sch 2 cl 4(d) |
1.5.1995 |
|
|
amended by 17/2007 s 10(6) |
26.4.2007 |
|
s 38(7) |
amended by 76/1993 Sch 2 cl 4(e) |
1.5.1995 |
|
|
amended by 17/2007 s 10(7) |
1.3.2009 |
|
s 38(10) |
amended by 76/1993 Sch 2 cl 4(f) |
1.5.1995 |
|
s 38(14) and (15) |
substituted by 76/1993 Sch 2 cl 4(g) |
1.5.1995 |
|
s 38(17) and (18) |
inserted by 17/2007 s 10(8) |
1.3.2009 |
|
s 39 |
|
|
|
s 39(1a) |
inserted by 3/2000 s 5 |
20.4.2000 |
|
s 39(2a) and (2b) |
inserted by 1/2009 s 8(1) |
1.3.2009 |
|
s 39(3) |
amended by 1/2009 s 8(2) |
1.3.2009 |
|
s 39(4) |
amended by 79/2005 s 10 |
12.1.2006 |
|
s 39(5a) |
inserted by 1/2009 s 8(3) |
1.3.2009 |
|
s 39(6) |
amended by 17/2007 s 11(1), (2) |
26.4.2007 |
|
s 39(7) |
amended by 17/2007 s 11(3) |
26.4.2007 |
|
s 39(7a) |
inserted by 17/2007 s 11(4) |
26.4.2007 |
|
s 41 |
|
|
|
s 41(2) |
substituted by 79/2005 s 11 |
20.4.2006 |
|
|
amended by 1/2009 s 9(1) |
1.3.2009 |
|
s 41(3) |
substituted by 88/2000 s 17 |
2.4.2001 |
|
|
substituted by 79/2005 s 11 |
20.4.2006 |
|
s 41(4) |
inserted by 79/2005 s 11 |
20.4.2006 |
|
s 41(5) |
inserted by 1/2009 s 9(2) |
1.3.2009 |
|
s 44 |
|
|
|
s 44(1) |
amended by 17/2007 s 12(1) |
26.4.2007 |
|
s 44(2) |
amended by 17/2007 s 12(2) |
26.4.2007 |
|
s 44(3) |
amended by 17/2007 s 12(3) |
26.4.2007 |
|
s 44(4) |
amended by 17/2007 s 12(4) |
26.4.2007 |
|
s 45 |
|
|
|
s 45(1) |
amended by 17/2007 s 13(1) |
26.4.2007 |
|
s 45(2) |
amended by 17/2007 s 13(2) |
26.4.2007 |
|
s 45(2a) |
inserted by 79/2005 s 12(1) |
12.1.2006 |
|
|
amended by 17/2007 s 13(3) |
26.4.2007 |
|
s 45(2b) |
inserted by 79/2005 s 12(1) |
12.1.2006 |
|
s 45(4) |
inserted by 79/2005 s 12(2) |
12.1.2006 |
|
s 45A |
inserted by 88/2000 s 18 |
2.4.2001 |
|
s 45A(2) |
substituted by 25/2006 s 18(1) |
14.12.2006 |
|
s 45A(2a) |
inserted by 25/2006 s 18(1) |
14.12.2006 |
|
s 45A(4) |
amended by 25/2006 s 18(2) |
14.12.2006 |
|
s 45A(12) |
substituted by 25/2006 s 18(3) |
14.12.2006 |
|
Pt 4 Div 2 |
amended by 76/1993 Sch 2 cl 4(h)—(m) |
1.5.1995 |
|
|
substituted by 63/1996 s 6 |
2.1.1997 |
|
s 46 |
|
|
|
s 46(1a) and (1b) |
inserted by 25/2006 s 19(1) |
14.12.2006 |
|
s 46(3a) |
inserted by 69/2005 Sch 1 cl 4 |
14.12.2006 |
|
s 46(4) |
amended by 25/2006 s 19(2) |
14.12.2006 |
|
s 46(5) |
amended by 25/2006 s 19(3), (4) |
14.12.2006 |
|
s 46(7) |
amended by 25/2006 s 19(5) |
14.12.2006 |
|
s 46(8) |
deleted by 25/2006 s 19(6) |
14.12.2006 |
|
s 46(9) |
amended by 25/2006 s 19(7) |
14.12.2006 |
|
s 46(10) |
amended by 25/2006 s 19(8) |
14.12.2006 |
|
s 46(11) |
amended by 25/2006 s 19(9) |
14.12.2006 |
|
s 46(12) |
amended by 25/2006 s 19(10) |
14.12.2006 |
|
s 46(13) |
amended by 25/2006 s 19(11), (12) |
14.12.2006 |
|
s 46(14) |
amended by 25/2006 s 19(13) |
14.12.2006 |
|
s 46(15) |
amended by 25/2006 s 19(14) |
14.12.2006 |
|
s 46A before deletion by 25/2006 |
|
|
|
s 46A(8) |
inserted by 35/2003 Sch cl 5(g) |
24.11.2003 |
|
s 46A(10) |
inserted by 5/2005 Sch 2 (cl 12) |
1.7.2005 |
|
s 46A |
deleted by 25/2006 s 20 |
14.12.2006 |
|
s 46B |
|
|
|
s 46B(3) |
amended by 25/2006 s 21 |
14.12.2006 |
|
s 46B(4) |
amended by 35/2003 Sch cl 5(h) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 cl (13(1)) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 13(1) |
6.11.2008 |
|
s 46B(5) |
amended by 35/2003 Sch cl 5(i) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 13(2)) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 13(2) |
6.11.2008 |
|
s 46B(8) |
amended by 35/2003 Sch cl 5(j) |
24.11.2003 |
|
s 46C |
|
|
|
s 46C(3) |
amended by 25/2006 s 22 |
14.12.2006 |
|
s 46C(4) |
amended by 35/2003 Sch cl 5(k) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 14(1)) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 14(1) |
6.11.2008 |
|
s 46C(5) |
amended by 35/2003 Sch cl 5(l) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 14(2)) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 14(2) |
6.11.2008 |
|
s 46C(8) |
amended by 35/2003 Sch cl 5(m) |
24.11.2003 |
|
s 46D |
|
|
|
s 46D(3) |
amended by 25/2006 s 23 |
14.12.2006 |
|
s 46D(4) |
amended by 35/2003 Sch cl 5(n) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 15(1)) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 15(1) |
6.11.2008 |
|
s 46D(5) |
amended by 35/2003 Sch cl 5(o) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 15(2)) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 15(2) |
6.11.2008 |
|
s 46D(7) |
amended by 35/2003 Sch cl 5(p) |
24.11.2003 |
|
s 48 |
|
|
|
s 48(1) |
amended by 36/1999 Sch 4 (cl 2) |
29.7.1999 |
|
|
amended by 88/2000 s 19 |
2.4.2001 |
|
s 48(5) |
amended by 35/2003 Sch cl 5(q) |
24.11.2003 |
|
|
amended by 5/2005 Sch 2 (cl 16) |
1.7.2005 |
|
|
amended by 60/2007 Sch 1 cl 16 |
6.11.2008 |
|
|
amended by 41/2008 Sch 1 cl 3 |
15.12.2008 |
|
s 48(7) |
amended by 25/2006 s 24(1) |
14.12.2006 |
|
s 48(7a) |
inserted by 25/2006 s 24(2) |
14.12.2006 |
|
s 48(8) |
amended by 25/2006 s 24(3) |
14.12.2006 |
|
s 48E |
amended by 25/2006 s 25 |
14.12.2006 |
|
Pt 4 Div 3 |
|
|
|
heading |
substituted by 79/2005 s 13 |
12.1.2006 |
|
s 49 |
|
|
|
s 49(1) |
|
|
|
public infrastructure |
inserted by 63/1996 s 7(a) |
2.1.1997 |
|
s 49(2) |
substituted by 63/1996 s 7(b) |
2.1.1997 |
|
|
(d) and (e) deleted by 79/2005 s 14(1) |
12.1.2006 |
|
|
amended by 79/2005 s 14(1) |
12.1.2006 |
|
s 49(3) |
amended by 25/2006 s 26(1) |
14.12.2006 |
|
s 49(4a) |
inserted by 79/2005 s 14(2) |
12.1.2006 |
|
s 49(5) |
amended by 79/2005 s 14(3) |
12.1.2006 |
|
s 49(6) |
amended by 79/2005 s 14(4) |
12.1.2006 |
|
s 49(7) |
substituted by 88/2000 s 20(a) |
2.4.2001 |
|
s 49(7a)—(7e) |
inserted by 88/2000 s 20(a) |
2.4.2001 |
|
s 49(9) |
amended by 79/2005 s 14(5) |
12.1.2006 |
|
s 49(9a) |
inserted by 88/2000 s 20(b) |
2.4.2001 |
|
s 49(10) |
amended by 88/2000 s 20(c) |
2.4.2001 |
|
s 49(11) |
amended by 88/2000 s 20(d) |
2.4.2001 |
|
s 49(14) |
amended by 70/1997 s 5(a) |
1.1.1998 |
|
s 49(14aa) |
inserted by 70/1997 s 5(b) |
1.1.1998 |
|
s 49(14a) |
inserted by 53/1995 s 6 |
23.11.1995 |
|
|
amended by 70/1997 s 5(c) |
1.1.1998 |
|
s 49(16a) |
inserted by 63/1996 s 7(c) |
2.1.1997 |
|
|
amended by 25/2006 s 26(2) |
14.12.2006 |
|
s 49(18) |
inserted by 69/2005 Sch 1 cl 5 |
14.12.2006 |
|
s 49(19) |
inserted by 69/2005 Sch 1 cl 5 |
14.12.2006 except (b)—26.4.2007 |
|
s 49(20) and (21) |
inserted by 69/2005 Sch 1 cl 5 |
26.4.2007 |
|
s 49(22) |
inserted by 69/2005 Sch 1 cl 5 |
26.4.2007 |
|
|
substituted by 25/2006 s 26(3) |
26.4.2007 |
|
Pt 4 Div 3A |
inserted by 36/1999 Sch 4 (cl 3) |
29.7.1999 |
|
heading |
substituted by 79/2005 s 15 |
12.1.2006 |
|
s 49A |
|
|
|
s 49A(1) |
amended by 79/2005 s 16(1) |
12.1.2006 |
|
s 49A(3) |
amended by 25/2006 s 27(1) |
14.12.2006 |
|
s 49A(4a) |
inserted by 79/2005 s 16(2) |
12.1.2006 |
|
s 49A(5) |
amended by 25/2006 s 27(2) |
14.12.2006 |
|
s 49A(6) |
amended by 79/2005 s 16(3) |
12.1.2006 |
|
s 49A(7) |
substituted by 88/2000 s 21(a) |
2.4.2001 |
|
s 49A(7a)—(7e) |
inserted by 88/2000 s 21(a) |
2.4.2001 |
|
s 49A(9) |
amended by 79/2005 s 16(4) |
12.1.2006 |
|
s 49A(9a) |
inserted by 88/2000 s 21(b) |
2.4.2001 |
|
s 49A(10) |
amended by 88/2000 s 21(c) |
2.4.2001 |
|
s 49A(11) |
amended by 88/2000 s 21(d) |
2.4.2001 |
|
s 49A(20) |
amended by 25/2006 s 27(3) |
14.12.2006 |
|
s 49A(22) and (23) |
inserted by 69/2005 Sch 1 cl 6 |
14.12.2006 |
|
Pt 4 Div 4 |
|
|
|
s 50 |
|
|
|
s 50(1) |
amended by 38/1996 s 7(a) |
4.11.1996 |
|
|
amended by 79/2005 s 17(1), (2) |
1.7.2007 |
|
s 50(2) |
amended by 38/1996 s 7(b) |
4.11.1996 |
|
|
amended by 79/2005 s 17(3), (4) |
1.7.2007 |
|
s 50(3a) and (3b) |
inserted by 79/2005 s 17(5) |
1.7.2007 |
|
s 50(4) |
amended by 79/2005 s 17(6) |
1.7.2007 |
|
s 50(5) |
amended by 38/1996 s 7(c) |
4.11.1996 |
|
|
substituted by 79/2005 s 17(7) |
1.7.2007 |
|
s 50(6) |
deleted by 79/2005 s 17(7) |
1.7.2007 |
|
s 50(7) |
|
|
|
PC |
amended by 79/2005 s 17(8) |
1.7.2007 |
|
NA |
amended by 38/1996 s 7(d) |
4.11.1996 |
|
s 50(8) |
amended by 38/1996 s 7(e), (f) |
4.11.1996 |
|
s 50(10) |
amended by 17/2007 s 14 |
26.4.2007 |
|
s 50(10) |
amended by 79/2005 s 17(9) |
1.7.2007 |
|
s 50(13) |
amended by 38/1996 s 7(g) |
4.11.1996 |
|
substituted by 38/1996 s 7(g) |
4.11.1996 |
|
|
strata lot |
inserted by 38/1996 s 7(g) |
4.11.1996 |
|
unit |
deleted by 38/1996 s 7(h) |
4.11.1996 |
|
s 50A |
inserted by 88/2000 s 22 |
2.4.2001 |
|
s 50A(5) |
amended by 17/2007 s 15 |
26.4.2007 |
|
s 52A |
inserted by 16/2001 s 4 |
14.6.2001 |
|
s 52A(2) |
amended by 25/2006 s 28(1) |
14.12.2006 |
|
s 52A(3) |
deleted by 25/2006 s 28(2) |
14.12.2006 |
|
s 52A(9) |
|
|
|
the authority |
amended by 25/2006 s 28(3) |
14.12.2006 |
|
s 53 |
|
|
|
s 53(2) |
amended by 17/2007 s 16(1) |
26.4.2007 |
|
s 53(3) |
amended by 17/2007 s 16(2) |
26.4.2007 |
|
s 53(5) |
amended by 39/2005 Sch 1 cl 6 |
17.11.2005 |
|
s 53A |
inserted by 70/1997 s 6 |
1.1.1998 |
|
s 53A(1) |
amended by 38/2006 s 4(1) |
14.12.2006 |
|
|
amended by 17/2007 s 17(1) |
26.4.2007 |
|
s 53A(2) |
amended by 17/2007 s 17(2) |
26.4.2007 |
|
s 53A(3) |
inserted by 38/2006 s 4(2) |
14.12.2006 |
|
s 54 |
|
|
|
s 54(2) |
amended by 17/2007 s 18 |
26.4.2007 |
|
s 54A |
inserted by 3/2000 s 6 |
20.4.2000 |
|
s 54A(2) |
amended by 17/2007 s 19 |
26.4.2007 |
|
s 54B |
inserted by 3/2000 s 6 |
20.4.2000 |
|
s 55 |
|
|
|
s 55(1) |
amended by 79/2005 s 18(1) |
8.12.2007 |
|
s 55(3) |
amended by 79/2005 s 18(2) |
8.12.2007 |
|
s 55(4) |
amended by 17/2007 s 20 |
26.4.2007 |
|
s 55(5) |
amended by 79/2005 s 18(3) |
8.12.2007 |
|
s 55(7) |
inserted by 63/1996 s 8 |
2.1.1997 |
|
substituted by 79/2005 s 18(4) |
8.12.2007 |
|
|
s 56 |
|
|
|
s 56(7) |
inserted by 63/1996 s 9 |
2.1.1997 |
|
substituted by 79/2005 s 19 |
8.12.2007 |
|
|
s 56A |
inserted by 88/2000 s 23 |
2.7.2001 |
|
s 56A(1) and (2) |
substituted by 15/2006 s 10(1) |
23.11.2006 |
|
s 56A(3) |
substituted by 15/2006 s 10(1) |
23.11.2006 |
|
|
amended by 17/2007 s 21 |
26.4.2007 |
|
s 56A(4) |
substituted by 15/2006 s 10(1) |
23.11.2006 |
|
s 56A(4a) and (4b) |
inserted by 15/2006 s 10(1) |
23.11.2006 |
|
s 56A(5) |
amended by 15/2006 s 10(2) |
23.11.2006 |
|
s 56A(6) |
substituted by 15/2006 s 10(3) |
23.11.2006 |
|
s 56A(7) |
amended by 15/2006 s 10(4)—(6) |
23.11.2006 |
|
s 56A(8) |
amended by 15/2006 s 10(7) |
23.11.2006 |
|
s 56A(9) |
substituted by 15/2006 s 10(8) |
23.11.2006 |
|
s 56A(10) |
amended by 15/2006 s 10(9) |
23.11.2006 |
|
s 56A(11) |
amended by 15/2006 s 10(10) |
23.11.2006 |
|
s 56A(12) |
amended by 15/2006 s 10(11)—(13) |
23.11.2006 |
|
s 56A(13) |
amended by 15/2006 s 10(14) |
23.11.2006 |
|
s 56A(14) |
amended by 15/2006 s 10(15) |
23.11.2006 |
|
s 56A(15) |
amended by 15/2006 s 10(16), (17) |
23.11.2006 |
|
s 56A(16) |
amended by 15/2006 s 10(18) |
23.11.2006 |
|
s 56A(18) |
amended by 15/2006 s 10(19) |
23.11.2006 |
|
s 56A(18a) and (18b) |
inserted by 15/2006 s 10(20) |
23.11.2006 |
|
s 56A(19) |
substituted by 15/2006 s 10(21) |
23.11.2006 |
|
s 56A(20) |
amended by 15/2006 s 10(22), (23) |
23.11.2006 |
|
s 56A(21) |
amended by 15/2006 s 10(24), (25) |
23.11.2006 |
|
s 56A(22)—(29) |
inserted by 15/2006 s 10(26) |
23.11.2006 |
|
s 56B |
inserted by 79/2005 s 20 |
8.12.2007 |
|
Pt 5 |
|
|
|
s 57 |
|
|
|
s 57(1) |
amended by 88/2000 s 24(a) |
2.4.2001 |
|
s 57(1a) and (1b) |
inserted by 61/2000 Sch cl 1(a) |
16.11.2000 |
|
s 57(2) |
amended by 88/2000 s 24(b) |
2.4.2001 |
|
s 57(2a)—(2d) |
inserted by 88/2000 s 24(c) |
2.4.2001 |
|
s 57(2e) |
inserted by 88/2000 s 24(c) |
2.4.2001 |
|
|
amended by 17/2007 s 22(1) |
26.4.2007 |
|
|
amended by 17/2007 s 22(2) |
1.3.2009 |
|
s 57(3) |
amended by 61/2000 Sch cl 1(b) |
16.11.2000 |
|
s 57(3a) |
inserted by 53/1995 s 7 |
23.11.1995 |
|
|
amended by 61/2000 Sch cl 1(c) |
16.11.2000 |
|
s 57(3b) |
inserted by 53/1995 s 7 |
23.11.1995 |
|
s 57(7) |
amended by 88/2000 s 24(d) |
2.4.2001 |
|
s 57(8) |
amended by 61/2000 Sch cl 1(d) |
16.11.2000 |
|
s 57(11) |
amended by 61/2000 Sch cl 1(e) |
16.11.2000 |
|
s 57(13) |
|
|
|
a greenway authority |
inserted by 61/2000 Sch cl 1(f) |
16.11.2000 |
|
substituted by 88/2000 s 24(e) |
2.4.2001 |
|
|
s 57A |
inserted by 79/2005 s 21 |
20.4.2006 |
|
s 57A(8) |
amended by 17/2007 s 23(1) |
1.3.2009 |
|
s 57A(9) |
amended by 17/2007 s 23(2) |
26.4.2007 |
|
Pt 6 |
|
|
|
Pt 6 Div 2 |
|
|
|
s 59 |
|
|
|
s 59(1) |
substituted by 88/2000 s 25(a) |
2.7.2001 |
|
s 59(2) |
amended by 88/2000 s 25(b) |
2.7.2001 |
|
|
amended by 17/2007 s 24(1) |
26.4.2007 |
|
s 59(3) |
amended by 17/2007 s 24(2) |
26.4.2007 |
|
Pt 6 Div 3 |
|
|
|
s 60 |
|
|
|
s 60(2) |
amended by 17/2007 s 25 |
26.4.2007 |
|
Pt 6 Div 4 |
|
|
|
s 66 |
|
|
|
s 66(1) and (2) |
substituted by 88/2000 s 26(a) |
2.4.2001 |
|
s 66(3) |
deleted by 88/2000 s 26(a) |
2.4.2001 |
|
s 66(4) |
amended by 88/2000 s 26(b) |
2.4.2001 |
|
s 66(6) |
amended by 17/2007 s 26 |
26.4.2007 |
|
s 67 |
|
|
|
s 67(1) |
amended by 17/2007 s 27 |
26.4.2007 |
|
s 68A |
|
|
|
s 68A(1) |
amended by 17/2007 s 28 |
26.4.2007 |
|
Pt 6 Div 6 |
|
|
|
s 70 |
(b) deleted by 88/2000 s 27 |
2.7.2001 |
|
s 71 |
|
|
|
s 71(1) |
substituted by 88/2000 s 28(a) |
2.7.2001 |
|
s 71(1a) |
inserted by 88/2000 s 28(a) |
2.7.2001 |
|
s 71(2) |
amended by 88/2000 s 28(b) |
2.7.2001 |
|
s 71(3) |
amended by 88/2000 s 28(c) |
2.7.2001 |
|
s 71(6) |
amended by 88/2000 s 28(d) |
2.7.2001 |
|
s 71(7)—(9) |
deleted by 88/2000 s 28(e) |
2.7.2001 |
|
s 71(14) |
amended by 88/2000 s 28(f) |
2.7.2001 |
|
s 71(15) |
amended by 39/2005 Sch 1 cl 7 |
17.11.2005 |
|
s 71(18) |
substituted by 88/2000 s 28(g) |
2.7.2001 |
|
s 71(19) |
inserted by 88/2000 s 28(g) |
2.7.2001 |
|
|
amended by 40/2005 Sch 6 cl 3 |
1.10.2005 |
|
s 71(20) |
inserted by 88/2000 s 28(g) |
2.7.2001 |
|
s 71AA |
inserted by 17/2007 s 29 |
1.10.2008 |
|
Pt 6 Div 6A |
inserted by 88/2000 s 29 |
2.7.2001 |
|
s 71A |
|
|
|
s 71A(4a)—(4c) |
inserted by 79/2005 s 22 |
12.1.2006 |
|
Pt 7 |
|
|
|
s 74 |
|
|
|
s 74(2) |
amended by 88/2000 s 30(a) |
2.4.2001 |
|
s 74(5) |
amended by 88/2000 s 30(b) |
2.4.2001 |
|
Pt 8 |
|
|
|
s 75 |
|
|
|
s 75(1) |
|
|
|
designated mining matter |
inserted by 35/2009 Sch 1 cl 1(1) |
1.10.2009 |
|
s 75(2) |
substituted by 35/2009 Sch 1 cl 1(2) |
1.10.2009 |
|
s 75(3) |
amended by 35/2009 Sch 1 cl 1(3) |
1.10.2009 |
|
s 75(4) |
amended by 63/1996 s 10(a)—(c) |
2.1.1997 |
|
|
amended by 25/2006 s 29(1) |
14.12.2006 |
|
|
amended by 17/2007 s 30(1) |
26.4.2007 |
|
s 75(4a) |
inserted by 63/1996 s 10(d) |
2.1.1997 |
|
|
amended by 25/2006 s 29(2) |
14.12.2006 |
|
s 75(5) |
amended by 63/1996 s 10(e) |
2.1.1997 |
|
|
amended by 88/2000 s 31 |
2.4.2001 |
|
|
substituted by 35/2009 Sch 1 cl 1(4) |
1.10.2009 |
|
s 75(6) |
amended by 17/2007 s 30(2) |
26.4.2007 |
|
|
amended by 35/2009 Sch 1 cl 1(5) |
1.10.2009 |
|
s 75(7) |
inserted by 17/2007 s 30(3) |
26.4.2007 |
|
s 75A |
inserted by 17/2007 s 31 |
26.4.2007 |
|
s 76 |
|
|
|
s 76(2) |
amended by 73/1999 s 8(a) |
1.9.2000 |
|
s 76(3) |
deleted by 73/1999 s 8(b) |
1.9.2000 |
|
Pt 11 |
|
|
|
Pt 11 Div 1 |
|
|
|
s 84 |
|
|
|
s 84(1) |
|
|
|
amended by 39/2005 Sch 1 cl 8 |
17.11.2005 |
|
|
|
amended by 17/2007 s 32(1) |
26.4.2007 |
|
s 84(2) |
amended by 3/1997 s 7 |
1.9.1997 |
|
s 84(9) |
amended by 63/1996 s 11 |
2.1.1997 |
|
s 84(10a) |
inserted by 67/1996 s 13 |
2.1.1997 |
|
s 84(11) |
amended by 17/2007 s 32(2), (3) |
26.4.2007 |
|
s 85 |
|
|
|
s 85(1) |
amended by 3/1997 s 8 |
1.9.1997 |
|
s 85(4) |
amended by 17/2006 s 107(1), (2) |
4.9.2006 |
|
s 85(6) |
amended by 3/1997 s 8 |
1.9.1997 |
|
s 85(11) |
amended by 17/2006 s 107(3) |
4.9.2006 |
|
s 85(15) |
amended by 76/1993 Sch 2 cl 4(n) |
1.5.1995 |
|
s 85(16) |
amended by 3/1997 s 8 |
1.9.1997 |
|
s 85(17a) |
inserted by 67/1996 s 14 |
2.1.1997 |
|
Pt 11 Div 2 |
|
|
|
s 86 |
|
|
|
s 86(1) |
amended by 76/1993 Sch 2 cl 4(o) |
1.5.1995 |
|
|
amended by 70/1997 s 7 |
1.1.1998 |
|
|
amended by 17/2007 s 33(1)—(3) |
26.4.2007 |
|
s 86(1a) |
inserted by 17/2007 s 33(4) |
26.4.2007 |
|
s 86(3a)—(3c) |
inserted by 88/2000 s 32(a) |
2.4.2001 |
|
s 86(5) |
substituted by 88/2000 s 32(b) |
2.4.2001 |
|
s 87 |
|
|
|
s 87(1) |
amended by 88/2000 s 33(a) |
2.4.2001 |
|
s 87(2) |
amended by 70/1997 s 8 |
1.1.1998 |
|
|
amended by 88/2000 s 33(b) |
2.4.2001 |
|
s 88 |
|
|
|
s 88(1) |
s 88 amended and redesignated as s 88(1) by 17/2007 s 34(1),
(2) |
26.4.2007 |
|
s 88(2) |
inserted by 17/2007 s 34(2) |
26.4.2007 |
|
|
amended by 1/2009 s 10 |
1.3.2009 |
|
Pt 11 Div 3 |
inserted by 88/2000 s 34 |
2.4.2001 |
|
Pt 12 |
|
|
|
s 89 |
|
|
|
s 89(1) |
amended by 3/1997 s 9(a) |
1.9.1997 |
|
s 89(2a) |
inserted by 3/1997 s 9(b) |
1.9.1997 |
|
s 89(3) |
amended by 17/2007 s 35 |
26.4.2007 |
|
s 89(6) |
substituted by 3/1997 s 9(c) |
1.9.1997 |
|
|
amended by 79/2005 s 23 |
12.1.2006 |
|
s 92 |
|
|
|
s 92(1) |
amended by 79/2005 s 24 |
12.1.2006 |
|
s 93 |
|
|
|
s 93(1) |
s 93(b)(ii) deleted by 3/1997 s 10(a) |
1.9.1997 |
|
|
s 93 amended by 3/1997 s 10(b) |
1.9.1997 |
|
|
s 93 redesignated as s 93(1) by 79/2005 s 25 |
12.1.2006 |
|
s 93(2) |
inserted by 79/2005 s 25 |
12.1.2006 |
|
s 97 |
|
|
|
s 97(1) |
amended by 17/2007 s 36(1) |
26.4.2007 |
|
s 97(2) |
amended by 17/2007 s 36(2) |
26.4.2007 |
|
s 97(4) |
amended by 17/2007 s 36(3) |
26.4.2007 |
|
s 97(5) |
amended by 17/2007 s 36(4) |
26.4.2007 |
|
s 98 |
deleted by 3/1997 s 11 |
1.9.1997 |
|
Pt 13 |
|
|
|
s 98 |
inserted by 23/2004 s 8 |
1.9.2004 |
|
s 101A |
inserted by 25/2006 s 30 |
23.11.2008 |
|
s 101A(2) |
amended by 20/2007 s 98 |
26.3.2009 |
|
s 108 |
|
|
|
s 108(2) |
amended by 79/2005 s 26(1) |
12.1.2006 |
|
s 108(7) |
amended by 53/1995 s 9 |
23.11.1995 |
|
|
substituted by 79/2005 s 26(2) |
12.1.2006 |
|
s 108(9) |
deleted by 18/1994 Sch cl 1 |
12.5.1994 |
|
|
inserted by 15/2006 s 11 |
23.11.2006 |
|
Sch 1 |
Sch redesignated as Sch 1 by 79/2005 s 27 |
12.1.2006 |
|
heading |
substituted by 79/2005 s 27 |
12.1.2006 |
|
item 6A |
inserted by 88/2000 s 35 |
2.4.2001 |
|
item 9 |
substituted by 15/2006 s 12 |
23.11.2006 |
|
item 10 |
amended by 17/2007 s 37(1) |
26.4.2007 |
|
item 10A |
inserted by 17/2007 s 37(2) |
26.4.2007 |
|
item 17A |
inserted by 17/2007 s 37(3) |
26.4.2007 |
|
item 45 |
amended by 17/2007 s 37(4) |
26.4.2007 |
|
item 46 |
inserted by 79/2005 s 28 |
12.1.2006 |
|
|
amended by 17/2007 s 37(5) |
26.4.2007 |
|
Sch 2 |
inserted by 15/2006 s 13 |
23.11.2006 |
|
cl 1 |
|
|
|
cl 1(1) |
|
|
|
family |
amended by 43/2006 s 91 |
1.6.2007 |
Transitional etc provisions associated with Act or
amendments
Statutes Repeal and Amendment (Development)
Act 1993, ss 3, 15—29 (as amended by Development (Major
Development Assessment) Amendment Act 1996, s 13, the Development (Private
Certification) Amendment Act 1997, s 12, the Statutes Repeal and Amendment
(Development) (Environmental Impact Statements) Amendment Act 1997, s 3 and
the Development (Building Rules) Amendment Act 1997,
s 9)
In this Act—
the relevant day means a day fixed by proclamation as the
relevant day for the purposes of this Act.
Note—
The relevant day has been fixed as 15 January 1994 (Gazette 27.10.1993
p1889)
(1) A reference in any Act, regulation, rule, by-law or other instrument
to the Planning Act 1982, or to the Real Property
Act 1886 (insofar as the reference relates to Part 19AB of that
Act (as repealed by this Act)), will, unless the contrary intention appears, to
be taken to include a reference to the Development
Act 1993.
(2) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Act, apply to any repeal
or amendment effected by this Act.
(3) For the purpose of the application of the Acts Interpretation
Act 1915, this Act and the Development Act 1993 will be
read together and construed as if the two Acts constituted a single
Act.
(1) The following are adopted and applied as Development Plans under the
Development Act 1993:
(a) for each area of a council (other than the City of
Adelaide)—that Council portion of the Development Plan under the
Planning Act 1982, together with the relevant regional part of the
Development Plan under that Act, in effect immediately before the relevant
day;
(b) for the City of Adelaide—the Principles established under Part 2
of the City of Adelaide Development Control Act 1976 in effect
immediately before the relevant day;
(c) for any part of the State outside an area of a council—the
relevant "out-of-Council" part of the Development Plan under the repealed Act,
together with the relevant regional part of the Development Plan under the
repealed Act, in effect immediately before the relevant day.
(2) Subject to this section, a Supplementary Development Plan which,
before the relevant day, is prepared or accepted by the Minister as a basis for
public submissions under section 41 of the Planning Act 1982 will
continue to be subject to the provisions of the Planning Act 1982
(as if that Act had not been repealed) until it is approved or laid aside by the
Minister under section 41(11b) of that Act, and then will be subject to the
Development Act 1993.
(3) A Supplementary Development Plan which before the relevant day has
been approved by the Minister under section 41(11b) of the Planning
Act 1982 will continue to be subject to the provisions of the
Planning Act 1982 (as if that Act had not been repealed) until the
plan is disallowed or brought into action (and, where the plan is brought into
action, it will be taken that the amendments effected by the Supplementary
Development Plan are amendments to the relevant Development Plan under the
Development Act 1993).
(4) A Supplementary Development Plan prepared or accepted by the Minister
more than three years before the relevant day that has not been approved by the
Minister under section 41(11b) of the Planning Act 1982 before the
relevant day has no further effect.
(5) A Supplementary Development Plan given interim effect under section 43
of the Planning Act 1982 before the relevant day will be considered
part of the Development Plan for the purposes of subsection (1) (but will
continue to be subject to the operation of sections 41 and 43 of the Planning
Act 1982 until it ceases to operate under section 43 of that Act
or, if relevant, is superseded by an amendment to a Development Plan under the
Development Act 1993).
(6) An amendment to the Principles given notice under section 7(3) of the
City of Adelaide Development Control Act 1976 before the repeal of
that Act may continue to the approval stage under section 10 of that Act (as if
that Act had not been repealed), and any amendment effected under section 10 of
that Act will, for the purposes of this Act, be considered to be an authorised
amendment to a Development Plan under the Development
Act 1993.
(7) A regulation (whether under the Planning Act 1982 or any
other Act) in effect immediately before the relevant day may be made as a
regulation under the Development Act 1993 without the need to comply
with Part 1 of the Development Act 1993.
(8) An advertisement published before the relevant day under section
42A(5) of the Planning Act 1982 in relation to a proposed regulation
will be taken to be a notice published by the Advisory Committee under Part 1 of
the Development Act 1993.
(9) Where a regulation has been publicly exhibited under section 44(3)(a)
of the City of Adelaide Development Control Act 1976 before the
relevant day, the proposed regulation (with or without modification) may, with
the approval of the Minister, be incorporated into the Development Plan that
applies in the area of the City of Adelaide without complying with any procedure
set out in the Development Act 1993.
(10) A reference in the Development Plan under the Planning
Act 1982, or in any Act, regulation, rule, by-law or other instrument,
to development which is "permitted" or "prohibited" under section 47 of the
Planning Act 1982 will be taken respectively as a reference to
complying or non-complying development under the Development
Act 1993.
(11) A reference in the Development Plan under the Planning
Act 1982, or in any Act, regulation, rule, by-law or other instrument,
to development which is "permitted" subject to a certificate will be taken as a
reference to a complying development under the Development Act 1993
subject to the relevant authority under that Act being satisfied as to those
matters to which the certificate relates.
(12) A reference to development or use of land as "prohibited" in the
Principles made under Part 2 of the City of Adelaide Development Control
Act 1976 will be taken as a reference to non-complying development
under the Development Act 1993, and development that would
contravene the requirements of a diagram in the Principles made under Part 2 of
the City of Adelaide Development Control Act 1976 will also be
classified as non-complying development under the Development
Act 1993.
(13) The Schedule entitled the Register of City of Adelaide Heritage Items
set out in the City of Adelaide Development Control Regulations 1987
is, subject to amendment under the Development Act 1993, declared to
be a part of the Development Plan that applies in the area of the City of
Adelaide, and a reference to the Register in the Principles in that Plan will be
construed accordingly.
(14) In the event of any inconsistency between the Principles under Part 2
of the City of Adelaide Development Control Act 1976 and a
regulation under the Development Act 1993, the Principles will
prevail.
(15) If any Act, regulation, rule, by-law or other instrument in effect
immediately before the relevant day sets out, provides for or otherwise affects
any procedure relating to the formulation, consideration, amendment or approval
of a Supplementary Development Plan, it will be taken that that Act, regulation,
rule, by-law or other instrument also operates in the same manner with respect
to any relevant amendment to a Development Plan under the Development
Act 1993.
(16) A reference in any Act, regulation, rule, by-law or other instrument
in effect immediately before the relevant day to those provisions of the
Planning Act 1982 that relate to the referral of a Supplementary
Development Plan, or any report relating to a Supplementary Development Plan, to
the Advisory Committee under that Act will be taken to include a reference to
the referral of a Plan Amendment Report, or any other report relating to an
amendment to a Development Plan, to the Advisory Committee under the
Development Act 1993.
(17) A reference in any Act, regulation, rule, by-law or other instrument
in effect immediately before the relevant day to those provisions of the
Planning Act 1982 that relate to the public display of, or public
consultation on, a Supplementary Development Plan will be taken to include a
reference to the public display of, or public consultation on, a Plan Amendment
Report (and the relevant Development Plan amendment) under the Development
Act 1993.
(18) A reference in any Act, regulation, rule, by-law or other instrument
in effect immediately before the relevant day to those provisions of the
Planning Act 1982 that relate to the referral of a Supplementary
Development Plan to the Environment, Resources and Development Committee under
that Act will be taken to include a reference to the referral of an amendment to
a Development Plan to the Environment, Resources and Development Committee under
the Development Act 1993.
(19) A reference in any Act, regulation, rule, by-law or other
instrument—
(a) to the Development Plan under the Planning Act 1982;
or
(b) to a Supplementary Development Plan that has been approved under the
Planning Act 1982,
will be taken to be a reference to the relevant Development Plan under the
Development Act 1993.
17—Division of
land
(1) A reference in any Act, regulation, rule, by-law or other instrument
in effect immediately before the relevant day to a "Statement of Requirements"
issued by a council under the Real Property Act 1886 will be taken
to include a reference to any conditions imposed under section 33(1)(c) of the
Development Act 1993.
(2) A reference in any Act, regulation, rule, by-law or other instrument
in effect immediately before the relevant day to a "Statement of Requirements"
issued by the South Australian Planning Commission under the Real Property
Act 1886 will be taken to include a reference to any conditions imposed
under section 33(1)(c) of the Development Act 1993, and to any
conditions or terms imposed or required under section 51 of the Development
Act 1993.
(3) A reference in any Act, regulation, rule, by-law or other instrument
in effect immediately before the relevant day to any Certificate of Approval
under Part 19AB of the Real Property Act 1886 will be taken to
include a reference to a certificate under section 51 of the Development
Act 1993.
(4) Subject to subsection (5), a division proposal lodged or granted
approval under the Planning Act 1982 prior to the relevant day may
be the subject of applications for Certificates of Approval under Part 19AB of
the Real Property Act 1886 or the Strata Titles Act 1988
(as in force immediately before the relevant day as if the Development
Act 1993 and this Act had not been enacted), provided that any approval
under the Planning Act 1982 has not lapsed.
(5) Subsection (4) is subject to the qualification that section 50 of the
Development Act 1993 will apply in relation to the proposal instead
of the relevant provision of Part 19AB of the Real Property
Act 1886.
(6) A Certificate of Approval under Part 19AB of the Real Property
Act 1886 or the Strata Titles Act 1988 in force immediately
before the relevant day will continue in force and effect notwithstanding any
repeal or amendment effected by this Act, and may be dealt with as if the
Development Act 1993 and this Act had not been enacted.
18—Environmental impact
statements
(1) An environmental impact statement officially recognised under the
Planning Act 1982 will be taken to be an environmental impact
statement under the Development Act 1993 (but not so as to impose
any additional or other procedure that is inconsistent with a procedure under
the Planning Act 1982).
(2) A requirement for an environmental impact statement under the
Planning Act 1982 or the City of Adelaide Development Control
Act 1976 will be taken to be a requirement imposed under the
Development Act 1993, and an environmental impact statement which
was the subject of notice under the Planning Act 1982 or the City
of Adelaide Development Control Act 1976 before the relevant day may,
provided that such notice was given not more than three years prior to the
relevant day, continue to the stage of official recognition under either Act (as
if the Act had not been repealed), and then will be taken to be an environmental
impact statement under the Development Act 1993.
(3) A development that is the subject of an environmental impact statement
officially recognised under the Planning Act 1982 (including by
virtue of this section and including an environmental impact statement that is
then amended under the Development Act 1993) will be assessed under
section 48 of the Development Act 1993 (being, from the commencement
of the Development (Major Development Assessment) Amendment
Act 1996, section 48 as amended by that Act and despite subsection (1)
of that section).
(4) An environmental impact statement officially recognised under the
Planning Act 1982 will be taken to have been prepared in accordance
with the requirements of Division 2 of Part 4 of the Development
Act 1993 (and, subject to any amendment under that Division, to be
sufficient for the purposes of that Division, including as to the preparation of
an Assessment Report).
(5) An assessment report prepared for the purposes of an environmental
impact statement under the Planning Act 1982 will be taken to be an
Assessment Report under the Development Act 1993.
(6) A requirement for an environmental impact statement under section 46
of the Development Act 1993 before the commencement of the
Development (Major Development Assessment) Amendment Act 1996 will
continue in force and effect as if it were a determination of the Major
Developments Panel under section 46 of the Development Act 1993
(and, subject to any regulations under the Development Act 1993, on
the basis that the provisions of the Development Act 1993 (as
amended by the Development (Major Development Assessment) Amendment
Act 1996) will then apply to any process commenced by virtue of that
requirement from the stage reached immediately before the commencement of the
Development (Major Development Assessment) Amendment
Act 1996).
(7) A development that is the subject of an environmental impact statement
under the Development Act 1993 by virtue of the operation of section
46 or 48 of that Act before the commencement of the Development (Major
Development Assessment) Amendment Act 1996 or by virtue of this section
(including an environmental impact statement that is amended after the
commencement of the Development (Major Development Assessment) Amendment
Act 1996) will be assessed under section 48 of the Development
Act 1993 (being, from the commencement of the Development (Major
Development Assessment) Amendment Act 1996, section 48 as amended by
that Act and despite subsection (1) of that section).
A declaration made under section 50 of the Planning Act 1982
will continue in force and effect as if it were a declaration of the Governor
under the corresponding provision of the Development
Act 1993.
An agreement in force under section 61 of the Planning Act 1982
immediately before the relevant day will be taken to be an agreement under the
corresponding provision of the Development Act 1993 (and will have
the same force and effect as it had immediately before the relevant
day).
A proclamation made under section 62 of the Planning Act 1982
(or made under section 61 of the Planning and Development Act 1966
or section 29 of the Town Planning Act 1929) will continue in force
and effect as if the Planning Act 1982 had not been repealed (and
that Act will be taken to continue to apply in relation to any such
proclamation).
A scheme in force under section 63 of the Planning Act 1982
immediately before the relevant day will continue in force and effect as if that
Act had not been repealed (and that Act will be taken to continue to apply in
relation to any such scheme).
An approval under section 73 of the Planning Act 1982 will be
taken to be an approval under the corresponding provision of the Development
Act 1993 (subject to the conditions (if any) that applied to the
approval under the Planning Act 1982).
(1) A reference in any Act, regulation, rule, by-law or other instrument
to the Planning Appeal Tribunal or City of Adelaide Planning Appeals Tribunal,
or to a Building Referee, will be taken to be a reference to the Environment,
Resources and Development Court.
(2) Except as otherwise provided by this Act, an application, appeal or
other proceeding commenced under the Planning Act 1982, any Act that
was repealed by the Planning Act 1982, the City of Adelaide
Development Control Act 1976, the Building Act 1971, Part
19AB of the Real Property Act 1886 or the Strata Titles
Act 1988, or regulations under those Acts, but which had not been
finally determined at the relevant day, may be continued and completed as if the
Development Act 1993 and this Act had not been enacted, except that
a reference to the Planning Appeal Tribunal or City of Adelaide Planning Appeals
Tribunal, or to a Building Referee, will be taken as a reference to the
Environment, Resources and Development Court.
(3) A right of appeal in existence before the relevant day may be
exercised as if the Development Act 1993 and this Act had not been
enacted, except that a reference to the Planning Appeal Tribunal or City of
Adelaide Planning Appeals Tribunal, or to or a Building Referee, will be taken
as a reference to the Environment, Resources and Development Court.
(4) Any proceedings before the Planning Appeal Tribunal, the City of
Adelaide Planning Appeals Tribunal or a Building Referee immediately before the
relevant day will, subject to such directions as the Presiding Member of the
Court thinks fit, be transferred to the Environment, Resources and Development
Court where they may proceed as if they had been commenced before that
Court.
(5) The Environment, Resources and Development Court may—
(a) receive in evidence any transcript of evidence in proceedings before
the tribunal or referee before which the proceedings were commenced, and draw
any conclusions of fact from that evidence that appear proper; and
(b) adopt any findings or determinations of that tribunal or referee that
may be relevant to the proceedings.
(6) A development application lodged or approved under the Planning
Act 1982 or City of Adelaide Development Control Act 1976
for building work prior to the relevant day may be the subject of application
for approval under the Building Act 1971 following its repeal,
provided that any approval under the Planning Act 1982 or City of
Adelaide Development Control Act 1976 has not lapsed.
(7) A condition attached to, or applying in relation to, an approval or
authorisation granted under the Planning Act 1982, the City of
Adelaide Development Control Act 1976 or the Building
Act 1971 will remain in force as if granted under the Development
Act 1993 and bind the owners and occupiers of the land to which the
condition relates.
(8) The repeal of any Act by this Act does not affect any rights that
accrued under the Act so repealed, the validity of any decision or authorisation
made or granted under the Act so repealed, or any notice or order given or made
under the Act so repealed.
25—Administrative
arrangements
(1) Any power, duty, function or obligation vested in the South Australian
Planning Commission or the City of Adelaide Planning Commission immediately
before the relevant day (other than in respect of Part 2 of the City of
Adelaide Development Control Act 1976) is exercisable by, or attaches
to, the Development Assessment Commission under the Development
Act 1993.
(2) Any power, duty, function or obligation vested in the Advisory
Committee on Planning, the Building Advisory Committee or the City of Adelaide
Planning Commission in respect of Part 2 of the City of Adelaide Development
Control Act 1976 immediately before the relevant day is exercisable by,
or attaches to, the Advisory Committee under the Development
Act 1993.
(3) A reference in any Act, regulation, rule, by-law or other instrument
to the Metropolitan Planning Area, or to Metropolitan Adelaide, as constituted
or defined under the Planning Act 1982 will, unless the contrary
intention appears, be taken as a reference to Metropolitan Adelaide under the
Development Act 1993.
(4) A reference in any Act, regulation, rule, by-law or other instrument
to a planning authority or planning authorisation under the Planning
Act 1982 will, unless the contrary intention appears, be taken to
include a reference to a relevant authority or development authorisation (as the
case may be) under the Development Act 1993.
26—Lapse of approvals under the
Planning and Development Act
Any development approval granted and current at the relevant day under the
Planning and Development Act 1966 will lapse at the expiration of 12
months from commencement of this Act unless—
(a) the approval is, as at the relevant day, subject to any proceedings
before a court or tribunal constituted by law; or
(b) the development had substantially commenced prior to that time;
or
(c) if land division, application for division has been lodged with the
Registrar-General; or
(d) application for extension is granted in response to application under
the Development Act 1993; or
(e) the approval has been specifically granted for a longer specific
period.
27—Certificates of
classification
A certificate of classification issued under the Building
Act 1971 in force immediately before the relevant day will be taken to
be a certificate of occupancy under the Development
Act 1993.
(1) Except as otherwise expressly provided by the Development
Act 1993 or the regulations under that Act, a building that was
lawfully erected or constructed before the relevant day or was taken pursuant to
the Building Act 1971 to conform with the provisions of that Act
will be taken to conform with the Development Act 1993
if—
(a) it conformed with the law of this State as in force at the time of its
erection or construction; or
(b) where it has been altered since the time of its erection or
construction, the alteration has been made pursuant to the law of this State as
in force at the time of the alteration, or pursuant to the Development
Act 1993.
(1) Subject to subsection (2), a person who was, immediately before the
relevant day, a full-time commissioner of the Tribunal under the Planning
Act 1982 will continue in office as a commissioner of the Environment,
Resources and Development Court on the same terms and conditions as applied to
the person immediately before the relevant day.
(2) A person to whom subsection (1) applies must retire—
(a) on or before the retirement age that applied to the person immediately
before the relevant day; or
(b) if no such retirement age applied—on or before the person
attains the age of 65 years or, if he or she has attained that age before the
relevant day, on the relevant day.
Development (Major Development Assessment) Amendment
Act 1996
(1) A declaration made under section 48 of the principal Act before the
commencement of this Act (including a declaration under section 50 of the
Planning Act 1982 continued in force by virtue of the Statutes
Repeal and Amendment (Development) Act 1993) will continue in force and
effect as if it were a declaration of the Minister under section 46 of the
principal Act (as amended by this Act) (and, subject to the regulations, on the
basis that the provisions of the principal Act (as amended by this Act) will
then apply to any process commenced by virtue of that declaration from the stage
reached immediately before the commencement of this Act).
(2) Section 48E of the principal Act, as enacted by this Act, does not
apply so as to affect the rights of any person in respect of a proposed
development or project that has been the subject of Supreme Court proceedings
relating to an application under Division 1 of Part 4 of the principal Act
commenced before 30 July 1996 (even if those proceedings have been settled or
determined).
(3) For the purposes of subsection (2), a proposed development or project
that is a variation on a proposed development or project that has been the
subject of Supreme Court proceedings will be taken to have also been the subject
of Supreme Court proceedings before the relevant date (provided that the
essential nature of the development or project has not changed).
Development (Significant Trees) Amendment
Act 2000
The inclusion of paragraph (fa) in the definition of
development in section 4 of the principal Act does not affect, or
apply in relation to, any activity that is within the scope of, or undertaken
for the purposes of, a development that is the subject of an application, or
that is within the ambit of an approval, under Part 4 of the principal Act
before the commencement of this section.
Development (System Improvement Program) Amendment
Act 2000, Sch 2—Transitional provisions
1 (1) This clause sets out the transitional provisions
that relate to the amendment of sections 25, 27 and 28 of the principal Act
by this Act.
(2) If, immediately before the commencement of this clause, agreement has
not been reached on a Statement of Intent under section 25(1) and (2) of the
principal Act, sections 25, 27 and 28 of the principal Act, as amended by this
Act, will apply to any proposed amendment to a Development Plan under section 25
of the principal Act.
(3) If, immediately before the commencement of this clause, agreement has
been reached on a Statement of Intent but the council has not released a Plan
Amendment Report for public consultation under subsections (11) and (12) of
section 25 of the principal Act (as in existence immediately before the
commencement of this clause), then the council may proceed to the public
consultation stage set out in those subsections and thereafter section 25(13),
(14), (15), (16), (17) and (18), and sections 27 and 28, of the principal Act,
as enacted or amended by this Act, will apply.
(4) A council must, before releasing a report for public consultation
under subclause (3), ensure that the chief executive officer of the council
issues a certificate that complies with the requirements of section 25(6)(b) of
the principal Act, as enacted by this Act, and thereafter section 25(10) and
(11) of the principal Act, as enacted by this Act, will apply with respect to
that certificate.
(5) If, immediately before the commencement of this clause, a council has
reached (or passed) the stage referred to in subclause (3) but not reached the
end of the stages set out in subsections (13) and (14) of section 25 of the
principal Act (as in existence immediately before the commencement of this
clause), then the council may proceed to the end of the stages set out in those
subsections and thereafter—
(a) the Minister will give notice of any approval in accordance with
section 25(17) and (18) of the principal Act, as enacted by this Act;
and
(b) sections 27 and 28 of the principal Act, as amended by this Act, will
apply.
(6) If, immediately before the commencement of this clause, the Minister
has approved an amendment under section 25(14) of the principal Act (as in
existence immediately before the commencement of this clause) but the Governor
has not declared the amendment to be an authorised amendment under the principal
Act, then—
(a) the Minister will give notice of the approval in accordance with
section 25(17) and (18) of the principal Act, as enacted by this Act;
and
(b) sections 27 and 28 of the principal Act, as amended by this Act, will
apply.
2 A register of agreements under Part 5 of the principal
Act established under section 57 of the principal Act (as amended by this Act)
need only relate to agreements entered into after the commencement of this
clause (but may relate to agreements entered into before that
commencement).
3 The Governor may, by regulation, make any other
provision of a saving or transitional nature consequent on the enactment of this
Act.
Local Government (Lochiel Park Lands) Amendment Act
2005, Sch 1—Amendment of Development Plan
In this Schedule—
Development Plan means the Development Plan under the
Development Act 1993 that relates to Campbelltown (City), as
consolidated on 10 March 2005.
2—Amendment of Development
Plan
The Development Plan is amended in the following manner:
(a) page 59, under the heading "Campbelltown Desired Future Character
Statement", fourth paragraph—after "and to be utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause 11 of the
Local Government Act 1999,
(b) Concept Plan Figure R/1—delete Concept Plan Figure R/1 and
substitute:
(c) page 63, under the heading "Lochiel Park", principle number
5—after "and to be utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause 11 of the
Local Government Act 1999,
Development (Panels) Amendment Act 2006,
Sch 1
(1) The Governor may, by regulation, make provisions of a saving or
transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the
regulation so provides, take effect from the commencement of this Act or from a
later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of regulations made under this
Schedule, apply to any amendment effected by this Act.
Development (Development Plans) Amendment Act 2006,
Sch 1—Transitional provisions
In this Part—
principal Act means the Development
Act 1993.
5—Plan Amendment
Reports
(1) If a council has, before the commencement of this clause, reached an
agreement with the Minister on a Statement of Intent with respect to an
amendment to a Development Plan, or taken steps to prepare a Plan Amendment
Report on the basis of such a Statement of Intent, then, subject to
subclause (2), the council may continue with the process as set out in
section 25 of the principal Act (as in force immediately before the
commencement of this clause) as if this Act had not been enacted until the
relevant amendment is approved (with or without alteration) or otherwise dealt
with by the Minister under section 25(15) of the principal Act, subject to
the qualification that the relevant Plan Amendment Report may be referred to as
a Development Plan Amendment.
(2) A council and the Minister may agree on a Statement of Intent that is
to supersede a Statement of Intent agreed between the council and Minister
before the commencement of this clause (and in such a case the process will
continue under section 25 of the principal Act as amended by this
Act).
(3) A Plan Amendment Report which, before the commencement of this
clause—
(a) was prepared on the basis of a Statement of Intent that does not
specify any relevant periods for the purposes of section 25(19) of the
principal Act; and
(b) was released for public consultation at least 5 years before that
commencement; but
(c) has not been approved by the Minister under section 25 of the
principal Act within 6 months after that commencement,
will, at the expiration of 6 months after that commencement, lapse by force
of this subclause unless the Minister, by notice in the Gazette, exempts the
Plan Amendment Report from the operation of this subclause.
(4) A notice under subclause (3) may relate to a particular Plan
Amendment Report or to all Plan Amendment Reports within a particular
class.
(5) A period prescribed by regulations made for the purposes of
subsection (20) of section 25 of the principal Act (as amended by this
Act) may extend to (and operate in relation to) a Plan Amendment Report prepared
before the commencement of this clause.
(6) A Plan Amendment Report which, before the commencement of this clause,
has been initiated by the Minister under section 26(1) of the principal Act
(as in force immediately before that commencement) may continue to be subject to
the provisions of the principal Act as if this Act had not been enacted until
the relevant amendment is approved (with or without alteration) or otherwise
dealt with by the Minister under section 26(8) of the principal Act,
subject to the qualification that the relevant Plan Amendment Report may be
referred to as a Development Plan Amendment.
(7) The Development Plan Amendment entitled "City of
Onkaparinga—Coromandel Valley Desired Character (Stage 2) Plan Amendment"
approved by the Minister under section 25(15) of the principal Act by
notice in the Gazette on 23 February 2006 is again referred by force of
this subclause to the Environment, Resources and Development Committee of the
Parliament under section 27(1) of the principal Act (and section 27 of
the principal Act will then apply again in relation to the amendment as if the
amendment had been referred by the Minister on the commencement of this
subclause under subsection (1) of that section).
6—Strategic Directions
Reports
(1) For the purposes of section 30(2)(b) of the principal Act (as
enacted by this Act), a report received by the Minister under section 30 of
the principal Act before the commencement of this clause will be taken to be a
completed report.
(2) Subject to any determination or direction of the Minister under this
subclause, any process or procedure commenced under section 30 of the
principal Act before the commencement of this clause may be continued and
applied for the purposes of section 30 of the principal Act as enacted
after the commencement of this clause.
7—Major Developments
Panel
If, in relation to a declaration under section 46 of the principal Act
made before the commencement of this clause—
(a) the Major Developments Panel has not, before that commencement,
proceeded to the stage of publishing a notice under section 46(8)(b) of the
principal Act (as in force immediately before that commencement), the
Development Assessment Commission will assume the role of the Major Developments
Panel and proceed to deal with the matter under the principal Act as amended by
this Act (and for this purpose the Development Assessment Commission may adopt
any decision or document made or prepared by the Major Developments Panel in
relation to the matter);
(b) the Major Developments Panel has, before that commencement, proceeded
to the stage of publishing a notice under section 46(8)(b) of the principal Act
(as in force immediately before that commencement), the Major Developments Panel
will continue in existence and continue to deal with the matter under the
principal Act as if this Act had not been enacted.
(1) The Governor may, by regulation, make additional provisions of a
saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the
regulation so provides, take effect from the commencement of this Act or from a
later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule (or regulations
made under this Schedule), apply to any amendment effected by this
Act.
Development (Assessment Procedures) Amendment Act
2007, Sch 1
(1) The Governor may, by regulation, make provisions of a saving or
transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the
regulation so provides, take effect from the commencement of this Act or from a
later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of regulations made under this
Schedule, apply to any amendment effected by this Act.
Historical versions
|
Reprint No 1—12.5.1994 |
|
|
Reprint No 2—1.5.1995 |
|
|
Reprint No 3—27.10.1995 |
|
|
Reprint No 4—23.11.1995 |
|
|
Reprint No 5—4.11.1996 |
|
|
Reprint No 6—2.1.1997 |
|
|
Reprint No 7—2.7.1997 |
|
|
Reprint No 8—1.9.1997 |
|
|
Reprint No 9—1.1.1998 |
|
|
Reprint No 10—29.7.1999 |
|
|
Reprint No 11—20.4.2000 |
|
|
Reprint No 12—1.9.2000 |
|
|
Reprint No 13—16.11.2000 |
|
|
Reprint No 14—2.4.2001 |
|
|
Reprint No 15—14.6.2001 |
|
|
Reprint No 16—2.7.2001 |
|
|
Reprint No 17—4.5.2002 |
|
|
Reprint No 18—24.11.2003 |
|
|
Reprint No 19—1.2.2004 |
|
|
1.9.2004 |
|
|
1.7.2005 |
|
|
1.10.2005 |
|
|
17.11.2005 |
|
|
8.12.2005 |
|
|
12.1.2006 |
|
|
20.4.2006 |
|
|
4.9.2006 |
|
|
23.11.2006 |
|
|
14.12.2006 |
|
|
22.3.2007 (electronic only) |
|
|
26.4.2007 |
|
|
1.6.2007 |
|
|
1.7.2007 |
|
|
27.9.2007 |
|
|
29.11.2007 |
|
|
8.12.2007 |
|
|
1.10.2008 |
|
|
6.11.2008 |
|
|
23.11.2008 |
|
|
15.12.2008 |
|
|
1.3.2009 |
|
|
26.3.2009 |
|
Appendix—Divisional
penalties and expiation fees
At the date of publication of this version divisional penalties and
expiation fees are, as provided by section 28A of the Acts Interpretation Act
1915, as follows:
|
Maximum imprisonment |
Maximum fine |
Expiation fee |
|
|---|---|---|---|
|
1 |
15 years |
$60 000 |
— |
|
2 |
10 years |
$40 000 |
— |
|
3 |
7 years |
$30 000 |
— |
|
4 |
4 years |
$15 000 |
— |
|
5 |
2 years |
$8 000 |
— |
|
6 |
1 year |
$4 000 |
$300 |
|
7 |
6 months |
$2 000 |
$200 |
|
8 |
3 months |
$1 000 |
$150 |
|
9 |
– |
$500 |
$100 |
|
10 |
– |
$200 |
$75 |
|
11 |
– |
$100 |
$50 |
|
12 |
– |
$50 |
$25 |
Note: This appendix is provided for convenience of reference
only.