DEVELOPMENT ACT 1993
This legislation has been repealed.
DEVELOPMENT ACT 1993
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
3. Objects
4. Interpretation
5. Interpretation of Development Plans
6. Concept of change in the use of land
7. Application of Act
PART 2--Administration
Division 1--Constitution of State bodies
Subdivision 1--The Advisory Committee
8. The Development Policy Advisory Committee
9. Functions of the Advisory Committee
Subdivision 2--The Development Assessment Commission
10. Development Assessment Commission
10A. Special provision relating to constitution of Development Assessment Commission
11. Functions of the Development Assessment Commission
11A. Disclosure of financial interests
Subdivision 3--Supplementary provisions
12. Interpretation
13. Procedures
14. Vacancies or defects in appointment of members
16. Committees
17. Staff
Division 2--Authorised officers
18. Appointment of authorised officers
19. Powers of authorised officers to inspect and obtain information
Division 3--Delegations
20. Delegations
Division 4--Annual report
21. Annual report
Division 5--Codes of conduct
21A. Codes of conduct
PART 3--Planning schemes
Division 1--The Planning Strategy
22. The Planning Strategy
Division 2--Development Plans
Subdivision 1--Creation of plans
23. Development Plans
Subdivision 2--Amendments to Development Plans
24. Council or Minister may amend a Development Plan
25. Amendments by a council
26. Amendments by the Minister
27. Parliamentary scrutiny
28. Interim development control
29. Certain amendments may be made without formal procedures
Subdivision 3--Strategic Directions Reports
30. Strategic Directions Reports
Subdivision 4--Supplementary provision
31. Copies of plans to be made available to the public
31A. Investigations
PART 4--Development assessment
Division 1--General scheme
Subdivision 1--Approvals
32. Development must be approved under this Act
33. Matters against which development must be assessed
34. Determination of relevant authority
35. Special provisions relating to assessment against Development Plan
36. Special provisions relating to assessment against the Building Rules
37. Consultation with other authorities or agencies
37AA. Preliminary advice and agreement
37A. Proposed development involving creation of fortifications
Subdivision 2--Consultation
38. Public notice and consultation
Subdivision 3--Procedural issues
39. Application and provision of information
40. Determination of application
41. Time within which decision must be made
42. Conditions
43. Cancellation by a relevant authority
44. General offences
45. Offences relating specifically to building work
45A. Investigation of development assessment performance
Division 2--Major developments or projects
Subdivision 1--Preparation of statements and reports
46. Declaration by Minister
46BEIS process--Specific provisions
46CPER process--Specific provisions
46DDR process--Specific provisions
47. Amendment of EIS, PER or DR
Subdivision 2--Governor to give decision on development
48. Governor to give decision on development
Subdivision 3--Related matters
48A. Exclusion of particular development or project
48B. Variation of application
48C. Testing and monitoring
48D. Costs
48E. Protection from proceedings
Division 3--Crown development and public infrastructure
49. Crown development and public infrastructure
Division 3A--Electricity infrastructure development
49A. Electricity infrastructure development
Division 4--Supplementary provisions
50. Open space contribution scheme
50A. Carparking fund
50B. Urban trees fund
51. Certificate in respect of the division of land
52. Saving provisions
52A. Avoidance of duplication of procedures etc
53. Law governing proceedings under this Act
53A. Requirement to up-grade building in certain cases
54. Urgent building work
54A. Urgent work in relation to trees
54B. Interaction of controls on trees with other legislation
55. Action if development not completed
56. Completion of work
56A. Councils to establish development assessment panels
56B. Building Rules assessment audits
56C. Development Plan assessment audits
PART 5--Land management agreements
57. Land management agreements
57A. Land management agreements--development applications
PART 6--Regulation of building work
Division 1--Preliminary
58. Interpretation
Division 2--Notifications
59. Notification during building
Division 3--Building work affecting other land
60. Work that affects stability
61. Construction of party walls
62. Rights of building owner
63. Power of entry
64. Appropriation of expense
Division 4--Classification and occupation of buildings
65. Buildings owned or occupied by the Crown
66. Classification of buildings
67. Certificates of occupancy
68. Temporary occupation
68A. Private certifiers
Division 5--Emergency orders
69. Emergency orders
Division 6--Building safety
70. Preliminary
71. Fire safety
Division 6A--Building inspection policies
71A. Building inspection policies
Division 7--Liability
72. Negation of joint and several liability in certain cases
73. Limitation on time when action may be taken
PART 7--Regulation of advertisements
74. Advertisements
PART 8--Special provisions relating to mining
75. Mining tenements to be referred in certain cases to Minister
75A. Ministerial declarations--related matters
76. This Act not to affect operations carried on in pursuance of Mining Acts except as provided in this Part
PART 9--Acquisition of land
77. Purchase of land by agreement
78. Compulsory acquisition of land
PART 10--The Fund
79. Continuance of the Fund
80. Borrowing
81. Application of the Fund
82. Accounts and audit
PART 11--Enforcement, disputes and appeals
Division 1--Enforcement
83. Interpretation--Breach of Act
84. Enforcement notices
85. Applications to Court
Division 2--Disputes and appeals
86. General right to apply to Court
87. Building referees
88. Powers of Court in determining any matter
Division 3--Initiation of proceedings to gain a commercial competitive advantage
88A. Preliminary
88B. Declaration of interest
88C. Right of action in certain circumstances
PART 12--Private certification
89. Preliminary
90. When may a private certifier be used?
91. Who may act as a private certifier?
92. Circumstances in which a private certifier may not act
93. Authority to be advised of certain matters
94. Referrals
95. Referrals to other private certifiers
96. Removal etc of private certifier
97. Duties of private certifiers
PART 13--Miscellaneous
98. Constitution of Environment, Resources and Development Court
99. Exemption from certain action
100. Insurance requirements
101. Professional advice to be obtained in relation to certain matters
101A. Councils to establish strategic planning and development policy committees
102. Confidential information
103. False or misleading information
104. Accreditation of building products etc
105. General provisions relating to offences
106. Order to rectify breach
106A. Make good orders
107. Charges on land
108. Regulations
Schedule 1--Regulations
Schedule 2--Disclosure of financial interests
1. Interpretation
2. Disclosure of interests
3. Register
4. Compliance with Schedule
5. Restrictions on publication
Legislative history
Appendix--Divisional penalties and expiation fees
The Parliament of South Australia enacts as
follows: