South Australian Consolidated Acts South Australian Consolidated Acts39—Application and provision of information
(1) An application to
a relevant authority for the purposes of this Division must—
(a) be
in a form determined by the Minister for the purposes of this Act; and
(b)
include any information reasonably required by the relevant authority; and
(c) be
lodged in the manner and accompanied by such plans, drawings, specifications
or other documents as may be prescribed; and
(d) be
accompanied by the appropriate fee.
(1a) No fee is payable
under this section in relation to an application
made by the owner or occupier of land (the "relevant land") in order to remove
or cut back a part of a significant tree that is located on adjoining land but
is encroaching on to the relevant land.
(2) A
relevant authority may request an applicant—
(a) to
provide such additional documents or information (including calculations and
technical details) as the relevant authority may reasonably require to assess
the application;
(b) to
remedy any defect or deficiency in any application or accompanying document or
information required by or under this Act;
(c) to
consult with an authority or body prescribed by the regulations;
(d) if
the regulations so provide, to prepare a statement of effect in accordance
with the regulations in relation to a development of a kind that is expressed
to be a non-complying development under the relevant Development Plan;
(e) to
comply with any other requirement prescribed by the regulations.
(2a) If—
(a) a
development is of a kind that is complying development; and
(b) the
development falls within a class of development prescribed by the regulations
for the purposes of this subsection; and
(c) the
applicant has complied with the requirements of subsection (1)(a), (c)
and (d),
then the relevant authority must, in making an assessment as to development
plan consent, assess the application without requesting the applicant to
provide additional documents or information.
(2b) If—
(a) a
development falls within a class of development prescribed by the regulations
for the purposes of this subsection; and
(b) the
applicant has complied with the requirements of subsection (1)(a), (c)
and (d),
then—
(c) the
relevant authority may, in making an assessment as to development
plan consent, only request the applicant to provide additional documents or
information in relation to the application on 1 occasion; and
(d) the
relevant authority must make that request within a period prescribed by the
regulations.
(3) Where a request is
made under subsection (2)—
(a) any
period between the date of the request and the date of compliance is not to be
included in the time within which the relevant authority is required to decide
the application; and
(b) if
the request is not complied with within the time specified by the regulations,
the relevant authority—
(i)
may, subject to subparagraph (ii), refuse the
application; and
(ii)
must refuse the application in prescribed circumstances
(including, if the regulations so provide, in a case involving development
that is complying development).
(4) A
relevant authority may—
(a)
permit an applicant—
(i)
to vary an application;
(ii)
to vary any plans, drawings, specifications or other
documents that accompanied an application,
(provided that the essential nature of the proposed development is not
changed);
(b)
permit an applicant to lodge an application without the provision of any
information or document required by the regulations;
(c) to
the extent that the fee is payable to that relevant authority waive payment of
whole or part of the application fee, or refund an application fee (in whole
or in part);
(d)
refuse an application that relates to a development of a kind that is
described as a non-complying development under the relevant Development Plan
without proceeding to make an assessment of the application;
(e) if
there is an inconsistency between any documents lodged with the
relevant authority for the purposes of this Division (whether by an applicant
or any other person), or between any such document and a
development authorisation that has already been given that is relevant in the
circumstances, return or forward any document to the applicant or to any other
person and determine not to finalise the matter until any specified matter is
resolved, rectified or addressed.
(5) A
relevant authority may grant a permission under subsection (4)
unconditionally or subject to such conditions as the relevant authority thinks
fit.
(5a) Without limiting
subsection (3), if—
(a) an
applicant requests time to address any issue related to the application
(including so as to prepare and submit any variation); or
(b) an
applicant requires time to respond to any matter raised by a person or body in
connection with the application under this Act,
then, subject to the regulations, the time required by the applicant is not to
be included in the time within which the relevant authority is required to
decide the application.
(6) Subject to this
section, a person may seek the variation of a development authorisation
previously given under this Act (including by seeking the variation of a
condition imposed with respect to the development authorisation).
(7) An application to
which subsection (6) applies—
(a) may
only be made if the relevant authorisation is still operative; and
(b)
will, for the purposes of this Part, but subject to any exclusion or
modification prescribed by the regulations, to the extent of the proposed
variation (and not so as to provide for the consideration of other elements or
aspects of the development or the authorisation), be treated as a new
application for development authorisation; and
(c) in a
case where the development to which the development authorisation previously
given was Category 3 development—must also be dealt with under
section 38 as an application for Category 3 development if any
representations were made under subsection (7) of that section, unless
the relevant authority determines that no such representation related to any
aspect of the development that is now under consideration on account of the
application for variation and that, in the circumstances of the case, it is
unnecessary to deal with the matter as Category 3 development; and
(d)
unless otherwise approved by the relevant authority, cannot seek to extend the
period for which the relevant authorisation remains operative.
(7a) In addition, the
variation of a development authorisation on application under
subsection (6)—
(a)
cannot have effect so as to impose a new condition, or to vary an existing
condition, with respect to a matter that does not fall within the ambit of the
application for variation; and
(b)
cannot affect the operation of a condition imposed with respect to the
original authorisation unless the relevant authority has made specific
provision for the variation of the condition in its decision on the
application for variation.
(8) An application, or
a consent, may provide for, or envisage the undertaking of development in
stages, with separate consents or approvals for the various stages.
(9) An applicant may
withdraw an application (but, unless the relevant authority otherwise
determines, the applicant is not entitled to a refund of the application fee
in such a case).