South Australian Consolidated Acts South Australian Consolidated Acts37—Consultation with other authorities or agencies
(1) The regulations
may provide that where an application for consent to, or approval of, a
proposed development of a prescribed class is to be assessed by a
relevant authority—
(a) the
relevant authority must refer the application, together with a copy of any
relevant information provided by the applicant, to a body prescribed by the
regulations (including, where the relevant authority is a council, the
Development Assessment Commission); and
(b) the
relevant authority must not make its decision until it has received a response
from that prescribed body in relation to the matter or matters for which the
referral was made (but if a response is not received from the body within a
period prescribed by the regulations, it will be presumed, unless the body
notifies the relevant authority within that period that the body requires an
extension of time because of subsection (3) (being an extension equal to
that period of time that the applicant takes to comply with a request under
subsection (2)), that the body does not desire to make a response, or
concurs (as the case requires)).
(2) A prescribed body
may, before it gives a response under this section, request the
applicant—
(a) to
provide such additional documents or information (including calculations and
technical details) as the prescribed body may reasonably require to assess the
application; and
(b) to
comply with any other requirements or procedures of a prescribed kind.
(3) Where a request is
made under subsection (2)—
(a) the
prescribed body may specify a time within which the request must be complied
with; and
(b) the
prescribed body may, if it thinks fit, grant an extension of the time
specified under paragraph (a).
(4) The regulations
may, in relation to the operation of subsection (1)—
(a)
provide that the relevant authority cannot consent to or approve the
development—
(i)
without having regard to the response of the prescribed
body; or
(ii)
without the concurrence of the prescribed body (which
concurrence may be given by the prescribed body on such conditions as it
thinks fit);
(b)
empower the prescribed body to direct the relevant authority—
(i)
to refuse the application; or
(ii)
if the relevant authority decides to consent to or
approve the development—subject to any specific limitation under another
Act as to the conditions that may be imposed by the prescribed body, to impose
such conditions as the prescribed body thinks fit,
(and the relevant authority must comply with any such direction).
(5) Where a
relevant authority acting by direction of a prescribed body refuses an
application or imposes conditions in respect of a development
authorisation—
(a) the
relevant authority must notify the applicant that the application was refused,
or the conditions imposed, by direction under this section; and
(b) if
the regulations so provide, no appeal lies against that refusal or those
conditions.
(6) If a
relevant authority is directed by a prescribed body to refuse an application
and the refusal is the subject of an appeal under this Act, the prescribed
body is a respondent to the appeal and the relevant authority may, on
application, be joined as a party to the proceedings.
(7) If a
relevant authority is directed by a prescribed body to impose a condition in
respect of a development authorisation and the condition is the subject of an
appeal under this Act, both the prescribed body and the relevant authority are
respondents to the appeal.