South Australian Consolidated Acts South Australian Consolidated Acts (1) The Minister may,
if of the opinion that a declaration under this section is appropriate or
necessary for the proper assessment of development 1 or a project 2 of major
environmental, social or economic importance, by notice in the Gazette,
declare that this section applies, or applies to the extent specified in the
notice, to—
(a) a
development or project specified in the notice; or
(b) a
kind of development or project specified in the notice (either in the State
generally, or in a specified part of the State); or
(c)
development generally within a specified part of the State 3 .
(1a) A development or
project may be considered to be of major environmental, social or economic
importance due to the fact that the cumulative effect of the development or
project, when considered in conjunction with any other development, project or
activity already being undertaken or carried on, or proposed to be undertaken
or carried on, at or within the vicinity of the relevant site, gives rise to
issues of major environmental, social or economic importance.
(1b) If the Minister
considers that a development or project is not in itself of major
environmental, social or economic importance but is directly related to a
development or project of such importance that is within the ambit of a
declaration under subsection (1), the Minister may, by notice in the
Gazette, declare that this section applies, or applies to the extent specified
in the notice, to the related development or project as well (and in such a
case the related development or project will be taken to be a major
development or project for the purposes of this section).
(2) A declaration
under this section does not extend to—
(a) a
development lawfully commenced by substantial work on the site of the
development before publication of the notice in the Gazette; or
(b) a
development in respect of which the Minister has, by notice in writing to the
proponent, given an express undertaking that this Division would not apply to
the development.
(3)
Subsection (2)(b) operates subject to the following qualifications:
(a) the
Minister may limit the operation of an undertaking to a specified period;
(b) the
Minister may, by notice in writing to the proponent, bring the operation of an
undertaking to an end if the Minister considers that the undertaking should no
longer apply because there has been a significant change in circumstances.
(3a) A declaration
under this section cannot apply with respect to a development or project
within the Adelaide Park Lands.
(4) The Minister may,
by subsequent notice in the Gazette, vary or revoke a declaration under this
section.
(5) If the Minister
makes a declaration under this section then, subject to the regulations and
the declaration—
(a)
Division 1 does not apply to a development within the ambit of the
declaration; and
(b) any
application under Division 1 that relates to a development within the ambit of
the declaration automatically lapses and any relevant documentation that has
been lodged with a relevant authority under that Division must be transmitted
to the Minister in accordance with the regulations; and
(c) any
development authorisation previously given under Division 1 in relation to a
development within the ambit of the declaration ceases to have effect; and
(d) a
person must not undertake a development within the ambit of the declaration
without the approval of the Governor under Subdivision 2; and
(e)
unless section 48(2)(a) applies, a development or project within the
ambit of the declaration becomes, according to a determination of the
Development Assessment Commission under this section, subject to the processes
and procedures prescribed by this Subdivision with respect to the preparation
and consideration of an EIS, a PER or a DR 4 .
(6) Subject to the
regulations, a determination of the Minister under this section, or a
determination of the Governor under section 48(2)(a) (in the case of a
development), the proponent of a major development or project must lodge with
the Minister—
(a) in
the case of a development—an application;
(b) in
the case of a project—a project proposal,
that complies with the following requirements:
(c) the
application or project proposal must be in a form determined by the Minister;
and
(d) the
application or project proposal must include, or be accompanied by—
(i)
a description of the development or project;
(ii)
a description of the locality where the development or
project is to be situated;
(iii)
a description of the expected environmental, social or
economic effects of the development or project;
(iv)
a statement on how those effects could be managed;
(v)
a statement assessing consistency with any relevant
Development Plan and the Planning Strategy;
(vi)
information concerning the application and operation of
the Environment Protection Act 1993 with respect to the development or
project (if relevant);
(vii)
other information reasonably required by the Minister;
and
(e) the
application or project proposal must be accompanied by such plans, drawings,
specifications or other documents as may be prescribed, or required by the
Minister.
(7) Subject to a
determination of the Governor under section 48(2)(a) (in the case of a
development), the Minister must refer a major development or project under
this section to the Development Assessment Commission—
(a) to
determine whether the major development or project will be subject to the
processes and procedures prescribed by this Subdivision with respect to the
preparation of an EIS, a PER or a DR; and
(b) to
formulate guidelines to apply with respect to the preparation of the EIS, PER
or DR (as determined by the Development Assessment Commission).
(9) The
Development Assessment Commission must, in considering the level of assessment
that should apply to a major development or project (ie whether a major
development or project should be subject to the processes and procedures
associated with the preparation of an EIS, a PER or a DR), take into account
criteria prescribed by the regulations.
(10) If a major
development or project involves, or is for the purposes of, a prescribed
activity of environmental significance as defined by the Environment
Protection Act 1993 , the Development Assessment Commission must, in
formulating guidelines under this section, consult with the
Environment Protection Authority within the time prescribed by the
regulations.
(11) The
Development Assessment Commission must, in formulating guidelines under this
section, classify the issues identified by the Development Assessment
Commission as being relevant to the proper assessment of the major development
or project according to categories of importance so as to indicate the levels
of attention that should be given to those issues in the preparation of the
relevant EIS, PER or DR, and the Assessment Report.
(12) The
Development Assessment Commission must, after completing the processes
referred to above, report to the Minister on—
(a) its
determination with respect to the level of assessment that should apply to the
major development or project; and
(b) the
guidelines to apply under this Subdivision with respect to the preparation of
the relevant EIS, PER or DR.
(13) The Minister
must, on the receipt of a report under subsection (12)—
(a) give
a copy of the report to the proponent; and
(b) by
public advertisement, give notice of—
(i)
the Development Assessment Commission's determination
under this section; and
(ii)
the place or places at which copies of the guidelines
formulated by the Development Assessment Commission are available for
inspection and purchase.
(14) The
Development Assessment Commission should deal with a referral as quickly as
possible and in any event, unless the Minister otherwise approves, within the
time specified by the Minister (taking into account the time periods
prescribed by the regulations for the purposes of this Division).
(15) The Minister or
the Development Assessment Commission may require a proponent to furnish
specified information (additional to the information required under
subsection (6)) for the purposes of the operation of this section.
(16) The prescribed
fee is payable in accordance with the regulations when a development or
project comes within the ambit of a declaration under this section.
Notes—
1 Development has a defined meaning under this
Act.
2 A project is an activity or circumstance that
does not require approval under this Act (because it is not within the
ambit of the definition of "development" under this Act), but that may require
approval under another Act.
3 A development or project within the ambit of a
declaration under subsection (1) will be known as a "major development or
project for the purposes of this section.
4 In the case of a development, the principal
purpose for the preparation of an EIS, PER or DR is to assist the Governor in
his or her assessment of the development under Subdivision 2. In the case of a
project, the principal purpose for the preparation of an EIS or PER is to
identify issues of significance relevant to whether the project should proceed
and, if it does proceed, to identify the conditions that should apply.