South Australian Consolidated Acts South Australian Consolidated Acts37AA—Preliminary advice and agreement
(1) A person may seek
the opinion of a prescribed body under section 37 in relation to proposed
development before lodging an application for development plan consent with
respect to the development.
(2) If—
(a) a
proposed development is referred to a prescribed body under
subsection (1); and
(b) the
prescribed body agrees to consider the matter under this section after taking
into account any matter prescribed by the regulations; and
(c) the
prescribed body agrees, in the manner prescribed by the regulations, that the
development meets the requirements (if any) of the prescribed body (including
on the basis of the imposition of conditions),
then, subject to subsection (4)—
(d) if
an application for development plan consent with respect to the development is
lodged with the relevant authority within 3 months after the prescribed body
has indicated its agreement under paragraph (c); and
(e) if
the relevant authority is satisfied that the application accords with the
agreement indicated by the prescribed body (taking into account the terms or
elements of that agreement and any relevant plans and other documentation),
the application will not be referred to the prescribed body under
section 37.
(3) A prescribed body
under section 37 may, in connection with the operation of
subsections (1) and (2)—
(a)
require the payment of a fee prescribed by the regulations (if the prescribed
body agrees to consider the matter under subsection (2)(b)); and
(b) in
relation to the proposed development—exercise any power (including the
power to impose conditions) that it would be able to exercise if the
development were to be referred to it under section 37.
(4) Any agreement
under this section will cease to have effect (and an application will need to
be referred to a prescribed body under section 37 despite the operation
of subsection (2)) if the relevant authority determines that the
agreement is no longer appropriate due to the operation of section 53.
(5) If—
(a) a
prescribed body had indicated its agreement under this section; and
(b) an
application is not referred to the prescribed body under section 37 by
virtue of the operation of subsection (2) of this section,
the process established by this section will be taken to be a referral under
section 37 for the purposes of any other Act.