DEVELOPMENT REGULATIONS 2008 (NO 233 OF 2008) - SCHEDULE 3
DEVELOPMENT REGULATIONS 2008 (NO 233 OF 2008) - SCHEDULE 3
Schedule 3—Acts and activities which are not development
The following acts or activities are excluded from the definition of
development (other than in respect of a State heritage place, or as otherwise
indicated below).
The commencement of an advertising display containing an advertisement—
(a) that
is a traffic control device displayed and erected under the
Road Traffic Act 1961 ; or
(b) that
is displayed by reason of a statutory obligation on the Crown, a Minister of
the Crown, an agency or instrumentality of the Crown, a council, or a person
requiring such display; or
(c) that
is on enclosed land or within a building and is not readily visible from land
outside the enclosure or the building; or
(d) that
is displayed for the purposes of identification, direction, warning or other
information in relation to a detached, semi-detached, row or multiple dwelling
or residential flat building, subject to the following conditions:
(i)
that the advertisement area is not more than 0.2 square
metres; and
(ii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; and
(iii)
that not more than 2 such advertisements are displayed in
relation to the same building; or
(e)
other than within the City of Adelaide, that is displayed on a building or a
building in separate occupation (other than the side or rear walls of the
building) used primarily for retail, commercial, office or business purposes,
subject to the following conditions:
(i)
that the advertisement is not displayed or erected above
any verandah or the fascia of a verandah or, in a case where there is no
verandah, that no part of the advertisement is more than 3.7 metres above
ground level; and
(ii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; or
(f) that
announces a local event of a religious, educational, cultural, social or
recreational character, or that relates to an event of a political character,
subject to the following conditions:
(i)
that the total advertisement area of all advertisements
of that kind displayed on 1 building or site is not more than 2 square metres;
and
(ii)
except for an advertisement that relates to a federal,
State or local government election, that the advertisement is displayed for a
period not exceeding 1 month prior to the event and 1 week after the
conclusion of the event; and
(iii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; or
(g) that
is on land on which building work is being lawfully undertaken, subject to the
following conditions:
(i)
that the information in the advertisement refers to the
work being undertaken; and
(ii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; and
(iii)
that the advertisement area is not more than 3 square
metres; or
(h) that
constitutes a moveable sign under the Local Government Act 1999 and is
placed on a public street, road or footpath within an area of a council under
that Act; or
(i)
that is a real estate "for sale" or "for lease" sign,
subject to the following conditions:
(i)
that the sign is situated on the land which is for sale
or for lease; and
(ii)
that the sign—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; and
(iii)
that the sign is not more than 4 square metres in
advertisement area; and
(iv)
that the sign is removed within 2 weeks after the
completion of the sale or the entering into of the lease.
(1) The construction,
reconstruction, alteration, repair or maintenance by a council of—
(a) a
road, drain or pipe, other than the construction of a new road, drain or pipe
within 100 metres of the coast, measured from mean high water mark on the sea
shore at spring tide; or
(b) an
effluent drainage scheme, but not including any effluent pond or lagoon; or
(c) a
structure or equipment used for or associated with the supply, conversion,
transformation or control of electricity, other than—
(i)
the construction of an electricity generating station, an
electricity substation, a transmission line, a distribution main or a single
wire earthed return electricity line; or
(ii)
if the relevant Development Plan contains a map entitled
Airport Building Heights , the construction of a structure within Area A or
Area C described in that map; or
(d) a
single wire earthed return electricity line, other than any such
activity—
(i)
in the Flinders Ranges Environmental Areas Class A and B,
excluding townships; or
(ii)
—
(A) in any Coastal Zone, Urban Coastal
Zone, Rural Coastal Zone or Coastal Landscape Area delineated in the relevant
Development Plan; or
(B) where no such zone or area has been
delineated in the Development Plan—in any of the following:
(AA) rural land which
is within 500 metres of the coast measured from mean high water mark on the
sea shore at spring tide; or
(BB) land within a
country township, developed urban area or proposed urban area shown on the
relevant Development Plan which is within 100 metres of the coast measured
from mean high water mark on the sea shore at spring tide; or
(e) a
recreation area, or a building in a recreation area, other than—
(i)
the construction of a new building exceeding 30 square
metres in total floor area on a recreation area; or
(ii)
an alteration or extension to an existing building on a
recreation area which will result in the total floor of the building exceeding
30 square metres; or
(iii)
the construction or alteration of, or an extension to,
any building within 100 metres of the coast (landward or seaward), measured
from mean high water mark on the sea shore at spring tide; or
(iv)
the placing or making of any structure or works for
coastal protection, including the placement of rocks, stones or other
substances designed to control coastal erosion, within 100 metres landward of
the coast measured from mean high water mark on the sea shore at spring tide
or within 100 metres of the seaward boundary of the recreation area where the
recreation area extends seaward from the mean high water mark on the sea shore
at spring tide; or
(f) the
placement, installation or construction of playground equipment on or in a
recreation area; or
(g) an
item of street furniture (including directional signs, lighting, seating and
weather shelters), other than the construction of street lighting within Area
A or Area C described in a map entitled Airport Building Heights if that map
is contained in the relevant Development Plan; or
(h) a
building within an existing council works depot which is consistent with the
continued use of the area as a council works depot, other than—
(i)
the construction of a new building exceeding 200 square
metres in total floor area, or 10 metres in height; or
(ii)
an alteration or extension to an existing building which
will result in the total floor area of the building exceeding 200 square
metres, or the total height of the building exceeding 10 metres; or
(iii)
the performance of work within 10 metres of a boundary of
the depot.
(2) The erection,
alteration or replacement by a council of a sign or advertisement (including
in a case that involves the commencement of the display of an advertisement)
on an item of street furniture located on a road or road reserve (but not on a
part of a carriageway), subject to the following conditions:
(a) that
the size of the display area does not exceed 3 square metres; and
(b) that
the sign or advertisement—
(i)
does not incorporate a moving display or message; and
(ii)
does not flash; and
(iii)
is not internally illuminated; and
(c) that
the sign or advertisement is not within 100 metres of a signalised
intersection or a pedestrian actuated crossing; and
(d) that
the erection or display of the sign or advertisement is not classified as
non-complying development under the relevant Development Plan.
(1) For the purpose of
giving effect to a proposal approved or authorised under the provisions of the
Roads (Opening and Closing) Act 1991 , the division of a single allotment
into 2 allotments or the adjustment of an allotment boundary.
(2) The grant or
acceptance of a lease or licence, or the making of an agreement for a lease or
licence, by virtue of which a person becomes, or may become, entitled to
possession or occupation of part only of an allotment, other than a lease or
licence over land—
(a) that
comprises a dwelling and curtilage; or
(b) on
which there is no building that is suitable, and is used, for human
occupation.
(3) The division of an
allotment pursuant to an order under the Encroachments Act 1944 .
(4) The amendment of
an existing strata plan under the Community Titles Act 1996 or the
Strata Titles Act 1988 where the delineation of strata lots or strata
units, and common property, is not altered.
(5) The division of an
allotment for the purpose of widening or adding to an existing road, road
reserve or drainage reserve, subject to the condition that any land that is
being added to the road, road reserve or drainage reserve is, or is to be,
vested in the Crown, a Minister of the Crown, an instrumentality or agency of
the Crown, or a council.
(6) The division of an
allotment—
(a) for
the purpose of widening or adding to an existing rail corridor or rail
reserve, subject to the condition that any land that is being added to the
rail corridor or rail reserve is, or is to be, vested in an owner or operator
of the relevant railway; or
(b) for
purposes associated with the construction, use, alteration, extension, repair
or maintenance of any form of infrastructure * , or with gaining access to any
form of infrastructure * , located on a rail corridor or rail reserve.
(7) The conferral of a
right to occupy a residential unit under the Retirement Villages Act 1987
.
* The infrastructure need not be rail
infrastructure.
(1) The construction
or alteration of, or addition to, any of the following (including any
incidental excavation or filling), other than in respect of a local heritage
place:
(a) an
outbuilding (other than in the Hills Face Zone, in a Watercourse Zone, Flood
Zone or Flood Plain delineated by the relevant Development Plan, in any other
zone or area shown as being subject to flooding or inundation in the relevant
Development Plan, in the Golden Grove Residential Zone or in the Golden Grove
Residential D Zone, or in Policy Area 4 or Policy Area 5 in the Residential
Zone in the City of Charles Sturt) in which human activity is secondary, and
which—
(i)
is detached from and ancillary to another building which
is erected on the site, or for which consent has been granted by the relevant
authority, or which is expressed as complying development in respect of the
Development Plan; and
(ii)
has a total floor area not exceeding 10 square metres, no
span exceeding 3 metres, and no part of the building being higher than
2.5 metres above the natural surface of the ground; and
(iii)
is not being constructed, added to or altered so that any
portion of the building is nearer to an existing boundary of a road than any
distance that may be prescribed in respect of set-backs by the relevant
Development Plan for any road or portion of a road; and
(iv)
is not within 6 metres of the intersection of 2
boundaries of the land where those boundaries both face a road, other than
where a 4 x 4 metre corner cut-off has already been provided
(and is to be preserved); or
(b)
—
(i)
a windmill, other than a windmill in Area A or Area C
described in a map entitled Airport Building Heights if that map is contained
in the relevant Development Plan; or
(ii)
a flagpole,
which is not attached to a building and is not more than 10 metres in height,
or which is attached to a building and is not more than 4 metres in height
above the topmost point of attachment to the building, exclusive of guy wires;
or
(c) a
swimming pool (other than in the Hills Face Zone, in a Watercourse Zone, Flood
Zone or Flood Plain delineated by the relevant Development Plan, or in any
other zone or area shown as being subject to flooding or inundation in the
relevant Development Plan) which is constructed in association with a dwelling
and intended primarily for use by the occupants of that dwelling, and
which—
(i)
does not have a depth exceeding 300 millimetres; or
(ii)
in the case of an aboveground or inflatable swimming
pool, does not incorporate a filtration system; or
(d) a
spa pool which is constructed in association with a dwelling and intended
primarily for use by the occupants of that dwelling, and which does not have a
maximum capacity exceeding 680 litres; or
(e) a
detached incinerator not exceeding 0.5 cubic metres in overall volume; or
(f) a
fence not exceeding 2 metres in height (measured from the lower of the
2 adjoining finished ground levels), other than—
(i)
a fence in—
(A) the Hills Face Zone, a Historic
(Conservation) Zone, a Historic (Conservation) Policy Area, a Watercourse
Zone, a Flood Zone or Flood Plain delineated by the relevant Development Plan,
or in any other zone or area shown as being subject to flooding or inundation
in the relevant Development Plan; or
(B) a Regional Centre Zone, or in any
Centre Zone in the area of The Corporation of the City of Campbelltown; or
(C) the Golden Grove Residential Zone or in
the Golden Grove Residential D Zone; or
(D) Policy Area 4 or Policy Area 5 in the
Residential Zone in the City of Charles Sturt; or
(ii)
a fence in the Residential Historic (Conservation) Zone
in the City of Charles Sturt that is situated on the boundary of the relevant
allotment with a road (other than a laneway); or
(iii)
a fence that exceeds (or would exceed) 1 metre in height
within 6 metres of the intersection of 2 boundaries of land where
those boundaries both face a road, other than where a 4 x 4 metre corner
cut-off has already been provided (and is to be preserved); or
(iv)
a masonry fence that exceeds (or would exceed) 1 metre in
height (measured from the lower of the 2 adjoining finished ground levels); or
(v)
a fence that is (or is to be) a safety fence for a
swimming pool which is approved for construction, or requires approval for
construction, on or after 1 July 1993; or
(vi)
a brush fence that is (or is to be) closer than 3
metres to an existing or proposed Class 1 or 2 building under the
Building Code , with the distance to be measured from any part of the brush
fence and from any part of an external wall of the building (being an external
wall within the meaning of the Building Code ) and with this subparagraph not
extending to a repair of an existing brush fence that does not enlarge or
extend the brush fence; or
(g) a
fence not exceeding 2 metres in height (measured (if relevant) from the lower
of the 2 adjoining finished ground levels) in the North Adelaide Historic
(Conservation) Zone in The Corporation of City of Adelaide, other than—
(i)
a fence situated on the boundary of the relevant
allotment with a road (other than a laneway); or
(ii)
—
(A) if there is no adjacent building facing
the same road on to which the building faces—a fence situated between
the building line of the main face of a building and the road on to which the
building faces;
(B) if there is an adjacent building facing
the same road on to which the building faces—a fence situated between a
notional line drawn between the nearest front corner of each building to the
other building and the road on to which the buildings face,
(and for the purposes of this subparagraph buildings separated only by a
laneway will still be taken to be adjacent); or
(iii)
a masonry fence that exceeds (or would exceed) 1 metre in
height (measured (if relevant) from the lower of the 2 adjoining finished
ground levels); or
(iv)
a fence that is (or is to be) a safety fence for a
swimming pool approved for construction, or requires approval for
construction, on or after 1 July 1993; or
(v)
a brush fence that is (or is to be) closer than
3 metres to an existing or proposed Class 1 or 2 building under the
Building Code , with the distance to be measured from any part of the brush
fence and from any part of an external wall of the building (being an external
wall within the meaning of the Building Code ) and with this subparagraph not
extending to a repair of an existing brush fence that does not enlarge or
extend the brush fence; or
(h) a
post and wire fence, other than a chain mesh fence, in a Watercourse Zone,
Flood Zone or Flood Plain delineated by the relevant Development Plan, or in
any other zone or area shown as being subject to flooding or inundation in the
relevant Development Plan; or
(i)
a retaining wall (other than in a Watercourse Zone, Flood
Zone or Flood Plain delineated by the relevant Development Plan, in any other
zone or area shown as being subject to flooding or inundation in the relevant
Development Plan, or within 100 metres of the coast measured from mean high
water mark on the sea shore at spring tide) which retains a difference in
ground levels not exceeding 1 metre; or
(j) a
water tank (and any supporting structure) which—
(i)
is part of a roof-drainage system; and
(ii)
has a total floor area not exceeding 10 square metres;
and
(iii)
has no part higher than 4 metres above the natural
surface of the ground; or
(k) a
temporary builder's office, shed, store or other similar building—
(i)
that is used for the purpose of storing materials or
documents, providing amenities for workers, or for any other purpose connected
with the performance of building work, other than to provide overnight
accommodation; and
(ii)
that is to be removed at the completion of the relevant
building work; and
(iii)
that is positioned on the ground and totally within the
site of the building work.
(2) Other than in
respect of a local heritage place, the repair, maintenance or internal
alteration of a building—
(a) that
does not involve demolition of any part of the building (other than the
removal of fixtures, fittings or non load-bearing partitions); and
(b) that
will not adversely affect the structural soundness of the building or the
health or safety of any person occupying or using it; and
(c) that
is not inconsistent with any other provision of this Schedule.
(3) Other than in
respect of a local heritage place—
(a) the
installation of, or any alteration of or addition to, a building that is
necessary for or incidental to the installation of—
(i)
an individual air handling unit mounted on a wall, window
or domestic floor; or
(ii)
a ceiling or roof fan or fan coil section of air
conditioning systems not exceeding 100 kilograms and installed within the
ceiling space; or
(iii)
an exhaust fan,
where the item being installed does not encroach on a public street or affect
the ability of the building to resist the spread of fire;
(b) the
installation or alteration of a building or the making of any excavation or
filling, that is necessary for or incidental to the installation of, any
electrical, gas, water, sewage and sullage, or telecommunications service
(including appliances and fittings), the installation of which requires the
approval of an authority other than a council, and which does not affect the
ability of the building in which it is installed to resist the spread of fire;
(c) the
construction of a pergola associated with an existing dwelling (whether
attached to the building or freestanding)—
(i)
which does not have a roof; and
(ii)
each freestanding side of which is open; and
(iii)
no part of which is higher than 4 metres above the
ground; and
(iv)
which is not being constructed so that any portion of the
pergola is nearer to an existing boundary of a road than any distance that may
be prescribed in respect of set-backs in the relevant Development Plan for the
road (or that portion of the road).
(4) In respect of a
local heritage place, the installation of, or an alteration of or addition to
a building that is necessary for or incidental to the installation of—
(a) an
individual air handling unit mounted on a wall, window or floor; or
(b) a
ceiling or roof fan or fan coil section of air conditioning systems not
exceeding 100 kilograms and installed within the ceiling space; or
(c) an
exhaust fan,
where the item being installed—
(d) does
not encroach on a public street or affect the ability of the place to resist
the spread of fire; and
(e) will
not, when installed, be able to be seen by a person standing at ground level
in a public street.
(5) The repair,
maintenance or replacement of an existing seawall, levee bank or other
structure associated with coast protection where there is no change to the
materials used for the purposes of the structure and no change to the form or
dimensions of the structure.
(6) The construction
of a temporary building by, or with the authorisation of, a council where the
building—
(a) does
not remain on the site for more than 30 days; and
(b) is
erected for the use of the council, or for some other public or community
purpose approved by the council; and
(c) does
not carry any advertising material (other than material which is incidental to
the purpose for which the building is erected).
(7) Any work
undertaken solely for the purposes of fitting a smoke alarm in accordance with
the requirements under regulation 76B.
(8) In this
clause—
brush means—
(a)
Broombrush (Melaleuca uncinata); and
(b) any
other form of dried vegetation material that constitutes brush for the
purposes of regulation 76C;
brush fence includes—
(a) a
fence that is predominantly constituted by brush;
(b) a
gate that is predominantly constituted by brush;
swimming pool includes a paddling pool.
(1) The use of land
and the use of any lawfully-erected building which is ordinarily regarded as
(and is in fact) reasonably incidental to any particular use of the land and
the building, or the land or the building, and which is for the substantial
benefit of the person or persons who, in any capacity, are making use of the
land and the building, or the land or the building.
(2) The following uses
of land or buildings (whether or not within the ambit of subclause (1)):
(a) the
carrying on of a home activity on land used for residential purposes; or
(b) the
use of any land or building for the supply, conversion, transformation or
control of electricity by 1 or more transformers or by any switchgear or other
equipment used wholly or partly for supplying electricity to any part of such
land or building; or
(c) the
keeping of animals, birds, or other livestock (other than horses, sheep,
cattle, pigs, goats, donkeys and wild animals) solely for the domestic needs
or enjoyment of the occupants of a dwelling (and land appurtenant to a
dwelling), other than the use of land for the keeping of free-flying birds
within Area A or Area C described in a map entitled Airport Building Heights
if that map is contained in the relevant Development Plan; or
(d) the
parking of any vehicle not exceeding 3 000 kilograms in weight
(including the weight of any attached trailer) on land used for residential
purposes; or
(e) the
parking of a caravan or motor-home of any weight on land used for residential
purposes by a person who is an occupant of a dwelling situated on that land.
The construction of a mausoleum in a public cemetery where—
(a) the
mausoleum is located more than 50 metres from the boundaries of the cemetery;
and
(b) no
part of the mausoleum is higher than 3 metres above the natural surface of the
ground; and
(c) the
mausoleum is not internally accessible to the public (including any relative
of a deceased person).
7—Inground sewerage pumping stations
(1) The construction
of an inground sewerage pumping station (including any associated value
chamber, electrical control or switching gear, and flue extending not more
than 15 metres above ground level)—
(a) that
has a total floor area not exceeding 8 square metres and a depth not exceeding
10 metres; and
(b) that
is designed and constructed in accordance with specifications approved by the
Minister responsible for the administration of the Sewerage Act 1929 .
(2) Subclause (1)
does not apply to the construction of an inground sewerage pumping station
with flue within Area A described in a map entitled Airport Building Heights
contained in the relevant Development Plan.
8—Inground water valve chamber
The construction of an inground water valve chamber—
(a) that
has a total floor area not exceeding 15 square metres and a depth not
exceeding 4 metres; and
(b) that
is designed and constructed with specifications approved by the Minister
responsible for the administration of the Waterworks Act 1932 .
9—Certain building work outside council areas
Building work in relation to a Class 10 building under the Building Code that
is not within the area of a council, other than building work—
(a) in a
zone or area designated for retail, office, commercial, industrial or
extractive industry use under the relevant Development Plan; or
(b) in
respect of a local heritage place; or
(c) in a
zone or area designated as Environmental Class A or B by the relevant
Development Plan; or
(d) in a
zone or area designated for conservation by the relevant Development Plan; or
(e)
within 1 kilometre of the coast measured from mean high water mark on the sea
shore at spring tide; or
(f)
within 1 kilometre of the River Murray; or
(g)
within 500 metres of an arterial road, primary road, primary arterial road or
secondary arterial road (as delineated in the relevant Development Plan); or
(h)
within a township, or within 50 metres of the boundaries of a township; or
(i)
on land that is subject to the
National Parks and Wildlife Act 1972 ; or
(j)
within part of the State described in Schedule 20.
The excavation or filling (or excavation and filling) of land for the purposes
of a dam, other than—
(a)
where a levee or mound with a finished height greater than 3 metres above the
natural surface of the ground is to be formed; or
(b)
where a retaining wall which retains a difference in ground levels exceeding
1 metre is to be used or formed; or
(c)
where the dam is in the Hills Face Zone, in a Watercourse Zone, Flood Zone or
Flood Plain delineated by the relevant Development Plan, or in any other zone
or area shown as being subject to flooding or inundation in the relevant
Development Plan; or
(d)
where the dam is to have a capacity exceeding 5 megalitres.
The amalgamation of 2 or more contiguous allotments.
(1) Other than in
respect of a local heritage place or in the Hills Face Zone, the construction,
alteration or extension of prescribed infrastructure (including any incidental
excavation or filling) if—
(a) the
total height of the prescribed infrastructure, when constructed, altered or
extended, will not exceed (taking into account attachments (if any))—
(i)
in the case of prescribed infrastructure not attached to
a building—
(A) in Metropolitan Adelaide—7.5
metres or, in the case of prescribed infrastructure to be used solely by a
person who holds an amateur licence under the
Radiocommunications Act 1992 of the Commonwealth, 10 metres;
(B) in any other case—10 metres;
(ii)
in the case of prescribed infrastructure attached to a
building—
(A) in a residential zone in Metropolitan
Adelaide—2 metres;
(B) in any other case—4 metres,
above the topmost point of attachment to the building, disregarding any
attachment by guy wires; and
(b) in
the case of prescribed infrastructure that is or incorporates, or has as an
attachment, a microwave, satellite or other form of communications
dish—the diameter of the dish will not exceed—
(i)
in a residential zone, or in a Historic (Conservation)
Zone or a Historic (Conservation) Policy Area under the relevant Development
Plan—1.2 metres;
(ii)
in any other case—2.4 metres.
(2) In the Hills Face
Zone, other than in respect of a local heritage place, the construction,
alteration or extension of prescribed infrastructure attached to a building
if—
(a) the
total height of the prescribed infrastructure, when constructed, altered or
extended, will not exceed (taking into account attachments (if any)) 2 metres
above the topmost point of attachment to the building, disregarding any
attachment by guy wires; and
(b) in
the case of prescribed infrastructure that is or incorporates, or has as an
attachment, a microwave, satellite or other form of communications
dish—the diameter of the dish will not exceed 1.2 metres.
(3) The construction,
alteration or extension of prescribed subscriber connection telecommunications
infrastructure at premises occupied or used by the subscriber, or in the
immediate vicinity of those premises, where the infrastructure is located (or
to be located) at a place that is not within the area of a council, other than
infrastructure (or proposed infrastructure)—
(a) at a
local heritage place; or
(b) in a
zone or area designated for retail, office, commercial, industrial or
extractive industry use by the relevant Development Plan; or
(c) in a
zone or area designated as Environmental Class A or B by the relevant
Development Plan; or
(d) in a
zone or area designated for conservation by the relevant Development Plan; or
(e)
within 1 kilometre of the coast measured from mean high water mark on the sea
shore at spring tide; or
(f)
within 1 kilometre of the River Murray; or
(g)
within 500 metres of an arterial road, primary road, primary arterial road or
secondary arterial road (as delineated in the relevant Development Plan); or
(h)
within a township, or within 50 metres of the boundaries of a township; or
(i)
on land that is subject to the
National Parks and Wildlife Act 1972 ; or
(j)
within part of the State described in Schedule 20.
(4) In this
clause—
building does not include prescribed infrastructure;
prescribed infrastructure means a non load-bearing aerial, antenna, mast or
open-framed tower, or other similar structure (but not including an
advertising hoarding);
prescribed subscriber connection telecommunications infrastructure means any
of the following when used (or to be used) in order to provide
telecommunications facilities to a particular subscriber:
(a) an
aerial, antenna, mast, tower or pole if—
(i)
the total height of the structure (including attachments
(if any)) does not (or will not) exceed 20 metres; and
(ii)
in the case of a structure that is or incorporates, or
has an attachment, a microwave, satellite or other form of communications
dish—the diameter of the dish does not (or will not) exceed
2.4 metres;
(b) an
equipment shelter or housing if—
(i)
its total floor area does not (or will not) exceed 10
square metres; and
(ii)
its height does not (or will not) exceed 3.5 metres;
(c) an
open-lattice frame or pole mounted with a solar panel or panels if—
(i)
the total height of the frame or pole does not (or will
not) exceed 4.5 metres; and
(ii)
the total area of the panels does not (or will not)
exceed 20 square metres;
residential zone means a zone or area primarily designated for residential use
by a Development Plan;
subscriber means a subscriber to a telecommunications service.
(1) Other than in
respect of a local heritage place, the construction, alteration, extension,
repair or maintenance (including any incidental excavation or filling) of any
of the following:
(a)
railway track, other than—
(i)
track for a new railway line, but not including a siding
or passing or crossing loop outside Metropolitan Adelaide that is to be less
than 1 kilometre in length; or
(ii)
track for an extension to an existing railway line where
the length of new track is to be at least—
(A) within Metropolitan Adelaide—300
metres;
(B) outside Metropolitan Adelaide—1
kilometre;
(b) rail
infrastructure;
(c) if
associated with a railway—
(i)
a culvert or drain not more than 1 metre deep; or
(ii)
a pipe not more than 1 metre in diameter.
(2) Building work in
relation to a Class 10 building under the Building Code on railway land which
is not within the area of a council, other than where the building is, or is
to be, within a township or 50 metres from the boundary of a township.
(3) The alteration,
extension, repair or maintenance of—
(a) a
bridge over railway land; or
(b) a
railway tunnel, or a tunnel under railway land.
(4) An alteration to
an area used for vehicle access, carparking, or the standing of vehicles, in
association with the use of a railway or other railway activities.
(5) In this
clause—
rail infrastructure means—
(a)
track structures (including over or under track structures);
(b)
track supports;
(c) any
structure or equipment associated with any signalling, control or
communications system (including signalling boxes, huts, gantries, masts,
towers, poles and frames) associated with the movement of trains or the use of
any railway;
(d)
installations or equipment for lighting platforms or other parts of a railway
station, railway yards or railway sidings, other than within Area A or Area C
described in a map entitled Airport Building Heights if that map is contained
in the relevant Development Plan;
(e)
warning, directional or other signs associated with a railway;
(f)
railway furniture, including information boards and seating;
railway land means—
(a) land
within a rail corridor or rail reserve, including any associated sidings; and
(b)
railway yards; and
(c)
other land over which a railway track passes;
railway line includes sidings and crossing or passing loops.
(1) Subject to
subclause (2), the construction, alteration, extension, repair or
maintenance (including any incidental excavation or filling) of gas
infrastructure.
(2) Subclause (1)
does not apply where the gas infrastructure is within—
(a) a
local heritage place; or
(b)
coastal land.
(3) In this
clause—
coastal land has the same meaning as in Schedule 8;
gas infrastructure has the same meaning as in the Gas Act 1997 , but
does not include a transmission pipeline within the meaning of the Petroleum
Act 2000 .