Frequently Asked Questions - Legislation & Regulations
Answers to the following Frequently Asked Questions have been prepared to assist practitioners:
1. Have the changes to the Development Act made last December come into effect yet?
Most of the amendments to the Development Act came into effect on 12 February 2006. Another set of amendments came into effect on 20 April 2006. The Recent changes to the Development Act and Recent changes to the Development Regulations pages of the Planning SA website provides a simple explanation of each of the recent Act and Regulation amendments.
2. Have the setback requirements from power lines come into effect?
The power line setback referral requirements have been deferred until 1 January 2007. As requested at workshops with Councils, this amended commencement date will enable the technical regulator to undertake a more detailed awareness program with Council staff. Council staff and applicants are reminded, however, that the Electricity Act Regulations still apply and that it is important that applicants ensure that the setback requirements are satisfied before undertaking construction.
3. When do the Stage 2 System Indicators come into effect?
The Stage 2 Indicators relating to the timeliness of specified actions and decisions require data to be recorded from 1 July 2006, with the first quarter's data required (1 July to 30 September 2006) to be supplied by 21 October 2006.
The Stage I System Indicators relating to the number of actions and decisions began on 1 January 2006, with the first quarter’s data (1 January to 31 March 2006) to be supplied by 21 April 2006.
More information about System Indicators is available on the System Indicator Regulations page.
4. What are the statutory timelines referred to in the Stage 2 System Indicators?
The Development Regulations set out the statutory timelines for all development assessment decisions. These timelines are summarised in the table available here: Statutory Timelines - Development Assessment [PDF 20KB]
The timelines for PARs are set out in the Statement of Intent for each PAR signed by the Council and the Minister.
5. What further proposals to amend the Development Act have been introduced into Parliament?
The Development (Panels) Amendment Bill 2006 was introduced into Parliament on 2 May 2006. A copy of the Bill and the second reading speech by Minister Holloway can be found on the Development (Panels) Amendment Bill 2006 page.
