Latest information on legislation and regulations

Revised Regulations (Development Regulations 2008)

From 1 September 2008 the Development Regulations 2008 will supersede the Development Regulations 1993.

The Subordinate Legislation Act 1978 establishes a process to ensure that all regulations are periodically reviewed so that they are relevant and up-to-date. Under this process, all regulations expire 10 years after they are made, but can be extended for up to four years. Regulations must be remade prior to expiry to ensure continuity.

The Development Regulations 1993 are due to expire on 1 September 2008 (with no further opportunity to extend). As a result a new set of Development Regulations (the Development Regulations 2008) will come into effect on 1 September 2008 (after being gazetted on Thursday 28 August 2008).

In summary, the Development Regulations have been revised to remove typographical errors, obsolete references and numbering amendments.  The only substantive change to their contents has been as follows:

  • An adjustment to the definition of ‘site’ prescribed under Schedule 1 to resolve ambiguity created by recent Court determinations.  The revised definition of site now includes the words ‘(whether or not comprising a separate or entire allotment)’.
  • Schedule 4 of the Regulations regarding Clauses 1(1)(c) and 1(2). The previous Regulations contained an obsolete power (which was limited by a sunset clause) for the Minister to exclude demolition as a complying form of development in designated areas. That power has been retained, without the associated sunset clause.
  • Three Regulations are deleted in the revised Regulations. These are:
    • Reference to Anxious Bay in Schedule 9 part 1 Clause 9(1)(c)
    • Reference to the MFP (The Levels) Zone in Schedule 9 Part 1 Clause 2(2) and Part 2 Clause 19, and
    • Regulation 103(1)(b) concerning the City of Adelaide Development Plan 

For further information please contact Amanda Nicholls on 8303 0783 or use the link below to view the Development Regulations 2008:

Swimming pool safety

New regulations regarding swimming pool safety will come into effect from 1 October 2008 (the Development (Swimming Pool Safety) Variation Regulations 2008 as gazetted on 24 April 2008).

These Regulations will require all homes with pools to have up-to-date child-safety barriers in place before the property can be sold. It will be the responsibility of the pool owner to make sure that current pool safety requirements are met prior to sale. Specific pool safety requirements are set by Australian Standards adopted by the State Government.

For more information on the operation of the new regulations and the swimming pool safety requirements visit our Swimming Pool Safety page.  

Development (Open Space Contribution Scheme) Variation Regulations 2008

On Thursday 26 June the Governor gazetted the variation of regulation 55A of the Development Regulations 1993 to increase open space contribution fees from 1 July 2008. The variation regulations prescribed an increase in the rates of contribution for regulation 55A (2)(a), (b) and (c) as follows:
• (2)(a)—delete "$4 125" and substitute: $4 493
• (2)(b)—delete "$2 860" and substitute: $3 427
• (2)(c)—delete "$2 405" and substitute: $2 489

An additional subregulation after 55A (2) was also to be inserted to read:
(3) If a variation is made to an amount prescribed under subregulation (2), the amount to be applied in a particular case is the amount in force as at the time the relevant application under Part 4 of the Act was made.

Development (Heated Water Services) Variation Regulations 2008

On Thursday 26 June the Governor gazetted the addition of regulation 80B in the Development Regulations 1993 to come into operation on 1 July 2008. 

The additional regulation will allow installation of select heated water services in connection with development for construction, alteration or addition to a Class 1a building under the Building Code where a reticulated gas supply is not available to a point in a street, easement or similar situation adjacent to the relevant property.

This regulation will also apply for the construction of, or the alteration or addition to, a Class 1b building under the Building Code. These regulations come into operation on 1 July 2008 and will expire on 1 May 2009. 

For more information visit Planning SA's Hot Water Services page 

Development (Significant Trees) Regulations 2008

The Development (Significant Trees) Variation Regulations 2008 assist extending significant tree controls to the District Council of Mt Barker and came into effect on 1 May 2008. For more information on the law surrounding significant trees, please visit our Significant Trees page

Pre-lodgement Agreements (29 November 2007)

  • Section 37AA of the Development Act now enables applicants to reach pre-lodgement agreements with referral bodies prescribed under Schedule 8 of the Development Regulations. The Act and associated Regulations mean that if such a signed agreement is incorporated into the development application then the proposal is not subject to a Schedule 8 referral to the body concerned.
  • Such pre-lodgement agreements are most likely to be used for large and complex development applications. A Pre-lodgement Guide is being finalised and will shortly be available on the Planning SA website at www.planning.sa.gov.au/go/prelodgement. The Development Regulations incorporate a standard form for applicants to initiate formal pre-lodgement discussions with referral agencies; that form is also available on that web page.

Rainwater Tank Connections (29 November 2007)

  • Regulation 83A of the Development Regulations 1993 has been amended to make it absolutely clear that all new Class 1a buildings are required to have all connections made for the supply of water from all sources prior to the occupation of the dwelling. That is, all sources of water identified in the development approval (mains, rainwater tank, third pipe scheme) must be connected before the dwelling is occupied.

Brush Fences (29 November 2007)

  • As a result of concerns raised by the MFS and CFS, the Development Regulations have been amended in regard brush fences. It should be noted that a new Minister’s Specification relating to brush fences (SA 76C) has been adopted by the Gazette notice as part of this initiative.
  • Detail on this topic, including the Minister's Specification, is available at www.planning.sa.gov.au/go/brushfences
  • It should also be noted that the brush fence and dwelling issues are a Building Rules Consent matter and are specifically excluded from Development Plan Consent inclusion by Schedule 1A of the Development Regulations. Any enquiries on this matter should be addressed to Planning SA’s Building Policy Branch.

Bushfire Protection Area Referrals (29 November 2007)

  • The Development Regulations have been amended to require designated classes of buildings in newly designated Medium or High Bushfire Risk Areas of the Mount Lofty Ranges to be referred to the CFS as part of the assessment process.
  • The prescribed Bushfire Protection Areas have been incorporated in the relevant Development Plans following the approval of the Minister’s Bushfire Management PAR - Part 3 on 29 November 2007. This initiative also introduces Building Rules requirements for all General Bushfire Risk Areas, including those gazetted last year.
  • For further information visit www.planning.sa.gov.au/go/bushfire-protection

Development Application Decision Notification Forms (29 November 2007)

  • As part of upgrading the development application decision notification form, Regulation 42 now specifies that the form to be used is gazetted by the Minister rather than being contained in Schedule 11 of the Regulations.
  • This form is now available on the Planning SA website at www.planning.sa.gov.au/go/forms-and-fees. It is intended that all statutory forms will be gazetted and available on a single web page in order to assist applicants, councils and referral agencies.

Regulated Trees Bill suspended from debate (18 October 2007)

  • The Development (Regulated Trees) Amendment Bill 2007 was withdrawn from debate during this session of parliament on 18 October 2007. Detailed information, including copies of the Bill and links to the debate, can be found via the link here: Development (Regulated Trees) Amendment Bill 2007  

Development Act changes proclaimed (27 September 2007)

Development (Development Plans) Variation Regulations 2007 (27 September 2007)

Affordable housing - Notice under Regulation 4 of the South Australian Housing Trust (General) Regulations 1995

Development (Schedule 10) Variation Regulations 2007 (30 August 2007) 

Development (Division of Land) Variation Regulations 2007 (17 August 2007)

The Development (Division of Land) Variation Regulations 2007 vary regulation 5A regarding firewall works; delete the use of the word 'provisional' relating to consents; and make a proposal to divide Crown lease land as part of a freeholding step a form of development requiring Development Act approval

Development (Open Space Contribution Scheme) Variation Regulations 2007 

Development (Fees) Variation Regulations 2007

Development (Assessment Procedures) Amendment Act 2007 

Code of Conduct (26 February 2007)

On 26 February 2007 the Minister for Urban Development and Planning gazetted a Code of Conduct to be observed by:

  • Members of the Development Assessment Commission
  • Members of Regional Development Assessment Panels
  • Members of Council Development Assessment Panels, and
  • delegates.

The Code is available for viewing/download on our Code of Conduct page.

Powerline setbacks - update (22 February 2007)

Please note, as foreshadowed previously the following changes were Gazetted on 22 February for operation from Monday 26 February 2007.

The Development Regulations relating to the powerline setback declaration/referral requirements have been amended to:

  • enable the applicant’s agent to sign the declaration form on behalf of the applicant; and
  • exempt building work that only relates to internal changes to an existing building or changes to an existing external wall which do not alter the shape of the building.

In addition the Gazette includes a revised declaration form that incorporates these amendments and provides additional notes of explanation on the declaration form as to the requirements under the Electricity Act.

That form, which will become effective from Monday, can be downloaded here:

New CDAPs - Regulation change (22 February 2007)

The “Registration of Financial Interests” form to be completed by independent members of the CDAP was also incorporated into the Development Regulations by Gazette Notice on 22 February (see http://www.governmentgazette.sa.gov.au/).

The existing Regulations require that the independent CDAP members complete these forms within six weeks of 26 February 2007.

Councillors and council officers on CDAPs will not need to complete this form as they will already have complied with similar requirements under the Local Government Act.

The Code of Conduct for DAC, RDAP and CDAP members and delegated officers is currently being finalised and will be electronically distributed upon Gazettal.

New CDAPs - Regulation change foreshadowed (15 February 2007)

As part of the program to bring in the new Council Development Assessment Panels by 26 February 2007, the Minister will be introducing a regulation to specify the ‘Register of Financial Interests’ forms to be completed by independent members of the CDAP.

The regulations will require that the independent members complete the primary return form upon appointment, and then update the information annually. Councillors on CDAPs will not need to complete this form as they will have already complied with similar requirements under the Local Government Act.

In addition the State-wide Code of Conduct for all CDAP members is now being finalised after consultation with the Environment, Resources and Development Committee of Parliament and the LGA.   

Powerline setbacks - update (15 February 2007)

As communicated previously, the Development Regulations have been amended to enable a powerline setback declaration form to be signed by the applicant in order to integrate the requirements of the Development Act and Electricity Act. As a result of suggestions from a number of parties, the Minister proposes to refine the current arrangements by:

  • adjusting the declaration form to enable an agent as well as the applicant to sign the form
  • including additional notes of explanation on the declaration form as to the requirements under the Electricity Act
  • exempting building work that only relates to internal changes to an existing building from the powerline setback declaration requirements.

These changes will be made made via a Gazettal Notice (for the form changes) and Regulation variation (the exemption).

New CDAPs - Regulation change foreshadowed (15 February 2007)

As part of the program to bring in the new Council Development Assessment Panels by 26 February 2007, the Minister will be introducing a regulation to specify the ‘Register of Financial Interests’ forms to be completed by independent members of the CDAP.

The regulations will require that the independent members complete the primary return form upon appointment, and then update the information annually. Councillors on CDAPs will not need to complete this form as they will have already complied with similar requirements under the Local Government Act.

In addition the State-wide Code of Conduct for all CDAP members is now being finalised after consultation with the Environment, Resources and Development Committee of Parliament and the LGA.   

Powerline setbacks - new processes from 1 January 2007 (20 December 2006)

  • All Councils are reminded that new processes for meeting powerline setback requirements come into force on 1 January 2007. Under the new processes (which were introduced in Regulation changes in January and April 2006, but held over until 2007) the Regulations enable applicants to confirm, by way of a written declaration made when lodging a development application, that a proposed building is sufficiently setback from existing powerlines. If such a standard declaration is not signed, the application will be referred to the Technical Regulator for direction. For more information, visit our Powerline Setback Distances - new processes page

Major Developments process changes (14 December 2006)

  • The process for assessing declared Major Development proposals has now changed, as per the recently passed Development Plans Bill. Among other changes, the role of the Major Developments Panel is now to be undertaken by an augmented Development Assessment Commission. For an outline of the changed process, visit: www.planning.sa.gov.au/go/major-developments
  • Other changes contained in the Development (Development Plans) Amendment Act 2006 (including changes to Plan Amendment processes) are not expected to be introduced until March 2007, after an information program has been conducted with stakeholders. Further advice will be issued on all aspects of the changes.

Development (Regulated Trees) Amendment Bill 2006

  • The Development (Regulated Trees) Amendment Bill 2006 was introduced into State Parliament on Thursday 7 December 2006. The Bill is proposed to clarify the intent and application of legislative controls applying to urban trees. The Bill proposes, among other things, a two-tiered system of tree classification and assessment; the first tier will be `regulated trees' (determined by a purely quantitative measure of a two-metre circumference threshold), and the second tier will be `significant trees' (a further test which will be based on whether the tree contributes in a measurable way to the character and visual amenity of a site and its locality or has a biodiversity value as a specimen in its own right).  

Development (Assessment Procedures) Amendment Bill 2006

Development (Building Safety) Bill 2006

  • The Development (Building Safety) Amendment Bill 2006 was passed by State Parliament on Wednesday 6 December 2006. The Bill makes a technical change to the Development Act regarding the ability of a relevant authority (eg local council) to require work to be done to improve the safety of a building it considers unsafe while considering a development application for alterations or additions to the building. 

Development (Development Plans) Amendment Bill

  • The Development (Development Plans) Amendment Bill was passed by State Parliament on Wednesday 15 November 2006. The Bill makes changes in the areas of Strategic Planning (including section 30 reviews), desired character policies, the Development Plan Amendment process and the Major Developments process. For more information visit the Development (Development Plans) Amendment Bill 2006 page

Development (Panels) Amendment Act

  • On 18 December 2006 the Minister wrote to Councils with further information regarding implementation of the Panels Act: CDAP Implementation - Letter to Councils [PDF 25KB]
  • On 23 November 2006 the Development (Panels) Amendment Act 2006 was brought into operation by a Governor’s proclamation. The Development (Panels) (Transitional Provisions) Regulations 2006 were also gazetted on 23 November. These transitional regulations effectively give all councils up until 26 February 2007 [unless exempted by the Minister] to appoint their new CDAP (with an independent presiding member and majority of independent members), make delegations to their CDAP, publish a delegation policy, appoint a public officer to the CDAP and set up a financial register for members. The transitional regulations also address the matter of development applications lodged prior to 23 November 2006 but not determined by that date.
  • Minister Holloway wrote to Councils in November confirming that new Council Development Assessment Panels will be required to exist no later than Monday 26 February 2007 (letter from Minister Holloway to Councils: Letter to Councils regarding CDAP start date (sent 6 November 2006) [PDF 11 KB])
  • The Local Government Association has produced an Establishment Guide for Councils establishing new DAPs: LGA Establishment Guide for Council DAPs [PDF 259 KB]
  • Planning SA has also produced an informal checklist for Councils: Checklist - Establishing Panels [PDF 29 KB]

Regulation changes