South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"Adelaide Dolphin Sanctuary" has the same meaning as in the
Adelaide Dolphin Sanctuary Act 2005 ;
"Adelaide Park Lands" has the same meaning as in the
Adelaide Park Lands Act 2005 ;
"adjacent land" in relation to other land, means land—
(a) that
abuts on the other land; or
(b) that
is no more than 60 metres from the other land and is directly separated from
the other land only by—
(i)
a road, street, footpath, railway or thoroughfare; or
(ii)
a watercourse; or
(iii)
a reserve or other similar open space;
"adjoining owner" means the owner of land that abuts (either horizontally or
vertically) on the land of a building owner;
"advertisement" means an advertisement or sign that is visible from a street,
road or public place or by passengers carried on any form of public transport;
"advertiser" in relation to an advertisement, means the person whose goods or
services are advertised in the advertisement;
"advertising hoarding" means a structure for the display of an advertisement
or advertisements;
"the Advisory Committee" means the Development Policy Advisory Committee
established under this Act;
"allotment" has the same meaning as in Part 19AB of the Real Property
Act 1886 and in addition includes a community lot, development lot and
common property within the meaning of the Community Titles Act 1996 and a
unit and common property within the meaning of the Strata Titles Act 1988
;
"amendment" includes an addition, excision or substitution;
"amenity" of a locality or building means any quality, condition or factor
that makes, or contributes to making, the locality or building harmonious,
pleasant or enjoyable;
"authorised officer" means a person appointed to exercise the powers of an
authorised officer under this Act;
"building" means a building or structure or a portion of a building or
structure (including any fixtures or fittings which are subject to the
provisions of the Building Code of Australia ), whether temporary or
permanent, moveable or immovable, and includes a boat or pontoon permanently
moored or fixed to land, or a caravan permanently fixed to land;
"Building Code" means an edition of the Building Code of Australia published
by the Australian Building Codes Board, as in force from time to time and as
modified (from time to time) by the variations, additions or exclusions for
South Australia contained in the code, but subject to the operation of
subsection (7);
"building owner" means the owner of land on or in relation to which
building work is or is to be performed;
"the Building Rules" means any codes or regulations under this Act (or adopted
under this Act) that regulate the performance, standard or form of
building work and includes any standard or document adopted by or under those
codes or regulations, or referred to in those codes or regulations;
"Building Rules Assessment Commission" means a committee of the
Development Assessment Commission established in accordance with the
regulations;
"building rules consent" means a consent granted under section 33(1)(b);
"building work" means work or activity in the nature of—
(a) the
construction, demolition or removal of a building (including any incidental
excavation or filling of land); or
(c) any
other prescribed work or activity,
but does not include any work or activity that is excluded by regulation from
the ambit of this definition;
"business day" means any day except—
(a)
Saturday, Sunday or a public holiday; or
(b) any
other day which falls between 25 December in any year and 1 January in the
following year;
"construct" in relation to a building, includes—
(a) to
build, rebuild, erect or re-erect the building;
(b) to
repair the building;
(c) to
make alterations to the building;
(d) to
enlarge or extend the building;
(e) to
underpin the building;
(f) to
place or relocate the building on land;
"council" means a municipal or district council;
"the Court" means the Environment, Resources and Development Court;
"Crown" means the Crown in right of the State or in any of its other
capacities;
"development" means—
(a)
building work; or
(b) a
change in the use of land; or
(c) the
division of an allotment; or
(d) the
construction or alteration (except by the Crown, a council or other public
authority (but so as not to derogate from the operation of
paragraph (e))) of a road, street or thoroughfare on land (including
excavation or other preliminary or associated work); or
(da) the
creation of fortifications; or
(e) in
relation to a State heritage place—the demolition, removal, conversion,
alteration or painting of, or addition to, the place, or any other work that
could materially affect the heritage value of the place; or
(f) in
relation to a local heritage place—the demolition, removal, conversion,
alteration of, or addition to, the place, or any other work (not including
painting but including, in the case of a tree, any tree-damaging activity)
that could materially affect the heritage value of the place; or
(fa) in
relation to a significant tree—any tree-damaging activity; or
(g)
prescribed mining operations on land; or
(ga)
prescribed earthworks (to the extent that any such work or activity is not
within the ambit of a preceding paragraph); or
(h) an
act or activity in relation to land (other than an act or activity that
constitutes the continuation of an existing use of land) declared by
regulation to constitute development,
(including development on or under water) but does not include an act or
activity that is excluded by regulation from the ambit of this definition;
"Development Assessment Commission" means the Development
Assessment Commission established under this Act;
"development authorisation" means any assessment, decision, permission,
consent, approval, authorisation or certificate required by or under this Act
or any other Act prescribed by the regulations for the purposes of this
definition;
"Development Plan" means a Development Plan under this Act;
"development plan consent" means a consent granted under
section 33(1)(a);
"division" of an allotment means—
(a) the
division, subdivision or resubdivision of the allotment (including by
community plan under the Community Titles Act 1996 and by strata plan
under the Strata Titles Act 1988 ); or
(b) the
alteration of the boundaries of an allotment; or
(c) the
conferral or exercise of a present right to occupy part only of an allotment
under a lease or licence, or an agreement for a lease or licence, the term of
which exceeds six years or such longer term as may be prescribed, or in
respect of which a right or option of renewal or extension exists so that the
lease, licence or agreement may operate by virtue of renewal or extension for
a total period exceeding six years or such longer period as may be prescribed;
or
(d) the
grant or acceptance of a lease or licence, or the making of an agreement for a
lease or licence, of a class prescribed by regulation,
and "to divide" has a corresponding meaning;
"document" means a paper or record of any kind, including a disk, tape or
other article from which information is capable of being reproduced (with or
without the aid of another article or device);
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"DR"—see subsection (6);
"EIS"—see subsection (4);
"Environment Protection Authority" means the Environment Protection Authority
established under the Environment Protection Act 1993 ;
"fire authority" means the South Australian Metropolitan Fire Service or the
South Australian Country Fire Service;
"fortification" has the same meaning as in Part 16 of the
Summary Offences Act 1953 ;
"Fund" means the Planning and Development Fund continued in existence under
this Act;
"land" means, according to context—
(a) land
as a physical entity, including land covered with water and including any
building on, or fixture to, the land; or
(b) any
legal estate or interest in, or right in respect of, land;
"LGA" means the Local Government Association of South Australia;
"local heritage place" means a place that is designated as a place of local
heritage value by a Development Plan;
"locality" includes a road, street or thoroughfare;
"marine park" has the same meaning as in the Marine Parks Act 2007 ;
"Metropolitan Adelaide" means Metropolitan Adelaide as defined by a plan
deposited in the General Registry Office by the Minister for the purposes of
this definition and identified by the Minister by notice in the Gazette;
"the Mining Acts" means the Mining Act 1971, the
Opal Mining Act 1995 , the Petroleum Act 1940 , the
Petroleum (Submerged Lands) Act 1982 and the Offshore Minerals
Act 2000 ;
"mining production tenement" means—
(a) a
mining lease or miscellaneous purposes licence under the Mining Act 1971
; or
(ab) a
precious stones tenement under the Opal Mining Act 1995 ; or
(b) a
petroleum licence or pipeline licence under the Petroleum Act 1940 ; or
(c) a
production licence or pipeline licence under the Petroleum
(Submerged Lands) Act 1982 ; or
(d) a
mining licence (or a works licence for activities that are directly connected
with activities that are carried out, or are to be carried out under a mining
licence) under the Offshore Minerals Act 2000 ;
"Minister for the Adelaide Dolphin Sanctuary" means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2005 is committed;
"Minister for Marine Parks" means the Minister to whom the administration of
the Marine Parks Act 2007 is committed;
"Minister for the River Murray" means the Minister to whom the administration
of the River Murray Act 2003 is committed;
"Murray-Darling Basin" has the same meaning as in the Water Act 2007 of
the Commonwealth;
"owner" of land means—
(a) if
the land is unalienated from the Crown—the Crown; or
(b) if
the land is alienated from the Crown by grant in fee simple—the owner of
the estate in fee simple; or
(c) if
the land is held from the Crown by lease or licence—the lessee or
licensee; or
(d) if
the land is held from the Crown under an agreement to purchase—the
person who has the right to purchase;
"party wall" means a wall built to separate two or more buildings or a wall
forming part of a building and built on the dividing line between adjoining
premises for their common use and includes a common wall for the purposes of
the Building Code of Australia ;
"PER"—see subsection (5);
"the Planning Strategy" means the Planning Strategy formulated under this Act;
"prescribed mining operations" means operations carried on in the course
of—
(a) the
recovery of naturally occurring substances (except water) from the earth
(whether in solid, liquid or gaseous form);
(b) the
recovery of minerals by the evaporation of water,
but does not include operations carried on in pursuance of any of the Mining
Acts;
"private certifier" means a person who may act as a private certifier pursuant
to Part 12;
"public notice" means notice that complies with regulations made for the
purposes of this definition;
"public place" includes a street, road, square, reserve, lane, footway, court,
alley and thoroughfare which the public are allowed to use (whether formed on
private property or not), any public watercourse, and any foreshore;
"the Registrar-General" includes the Registrar-General of Deeds;
"relative" in relation to a person, means the spouse, domestic partner, parent
or remoter linear ancestor, son, daughter or remoter issue or brother or
sister of the person;
"relevant authority" means a body determined to be a relevant authority under
section 34, subject to the operation of Divisions 2, 3 and 3A of Part 4,
and Part 12;
"relevant interest" has the same meaning as in the Corporations Law ;
"repealed Act" means the Building Act 1971, the City of Adelaide
Development Control Act 1976 or the Planning Act 1982 ;
"significant tree" means—
(a) a
tree within a class of trees declared to be significant trees by the
regulations; or
(b) a
tree declared to be a significant tree, or a tree within a group of trees
declared to be significant trees, by a Development Plan;
"South Australian Heritage Council" means the South Australian
Heritage Council constituted under the Heritage Places Act 1993 ;
"spouse"—a person is the spouse of another if they are legally married;
"the State" includes any part of the sea—
(a) that
is within the limits of the State; or
(b) that
is from time to time included in the coastal waters of the State by virtue of
the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
"State heritage place" means—
(a) a
place entered, either on a provisional or permanent basis, in the State
Heritage Register; or
(b) a
place within an area established as a State Heritage Area by a
Development Plan;
"structure" includes a fence or wall;
"tree-damaging activity" means—
(a) the
killing or destruction of a tree; or
(b) the
removal of a tree; or
(c) the
severing of branches, limbs, stems or trunk of a tree; or
(d) the
ringbarking, topping or lopping of a tree; or
(e) any
other substantial damage to a tree,
and includes any other act or activity that causes any of the foregoing to
occur but does not include maintenance pruning that is not likely to affect
adversely the general health and appearance of a tree;
"to undertake development" means to commence or proceed with development or to
cause, suffer or permit development to be commenced or to proceed.
(2) Where at the foot
of a section or subsection the words "Additional Penalty" appear, those words
signify that a person who undertakes development in contravention of, and thus
commits an offence against, that section or subsection is liable, in addition
to any other penalty prescribed for the offence, to a penalty of an amount not
exceeding the cost of the development insofar as it has been undertaken in
contravention of that section or subsection.
(3) Where at the foot
of a section or subsection the words "Default Penalty" appear, those words
signify that, where a person is convicted of an offence against the section or
subsection and the offence continues after the date of the conviction, the
person is guilty of a further offence against the section or subsection and
liable, in addition to any other penalty prescribed for the offence, to a
penalty not exceeding the amount of the default penalty for every day the
offence continues after the date of the conviction.
(4) A reference in
this Act to an EIS is a reference to an environmental impact statement, being
a document that includes a detailed description and analysis of a wide range
of issues relevant to a development or project and incorporates significant
information to assist in an assessment of environmental, social or economic
effects associated with the development or project and the means by which
those effects can be managed.
(5) A reference in
this Act to a PER is a reference to a public environmental report, being a
report on a development or project that includes—
(a) a
detailed description and analysis of a limited number of issues and a
description and analysis of other issues relevant to the development or
project; or
(b) a
description and analysis of a wide range of issues relevant to the development
or project where a considerable amount of relevant information is already
generally available,
and incorporates information to assist in an assessment of environmental,
social or economic effects associated with the development or project and the
means by which those effects can be managed.
(6) A reference in
this Act to a DR is a reference to a development report, being a report that
includes a description and analysis of general issues relevant to a
development and the means by which those issues can be addressed.
(7) Any alteration to
the Building Code will not take effect for the purposes of this Act—
(a)
before a day on which notice of the alteration is published by the Minister in
the Gazette; and
(b) if
the Minister so specifies in a notice under paragraph (a), until a day
specified by the Minister.
(8) For the purposes
of this Act, a person is an associate of another person if—
(a) the
other person is a relative of the person or of the person's spouse or
domestic partner; or
(b) the
other person—
(i)
is a body corporate; and
(ii)
the person or a relative of the person or of the person's
spouse or domestic partner has, or two or more such persons together have, a
relevant interest or relevant interests in shares of the body corporate the
nominal value of which is not less than 10 per cent of the nominal value of
the issued share capital of the body corporate; or
(c) the
other person is a trustee of a trust of which the person, a relative of the
person or of the person's spouse or domestic partner or a body corporate
referred to in paragraph (b) is a beneficiary; or
(d) the
person is an associate of the other person within the meaning of the
regulations.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.