Development (Assessment Procedures) Amendment Act 2007

The Development (Assessment Procedures) Amendment Bill was introduced into the Legislative Council on Thursday 23 November 2006. The Bill was passed by the Legislative Council on Tuesday 27 March 2007, and by the House of Assembly on Thursday 29 March 2007. It was granted royal assent by the Governor on 5 April 2007; the Governor issued a proclamation to commence the Act on 26 April 2007 (with some sections suspended, pending a further proclamation - see below).

Legislation

To get a copy of the Act, visit the SA Legislation website:

Follow the debate

The Bill was debated on the following days (external links to SA Parliament Hansard):

Summary of changes introduced by the Act

The following changes came into effect from Thursday 26 April 2007 (see below for further changes which will come into effect on dates yet to be set. Please note, the quoted section numbers refer to the Development Act, not the Amendment Act):

  • Simplification of terminology in regard to Development Plan Consent and Building Rules Consent by removing the term “provisional” (Section 4)
  • Clarification that a CDAP/delegated staff are able to decide applications where the council has been involved in agreements on the strategic development of an area (Section 34)
  • Provisions of greater flexibility on the area covered by a RDAP and the range of decisions that can be assigned to a RDAP (S34  & S35)
  • A concurrence role for the Building Rules Assessment Commission in prescribed cases where the Performance Requirements of the Building Code of Australia are not met (S36)
  • Confirmation that a variation to a development authorisation does not permit a relevant authority to revisit those parts of the authorisation which are not being varied or to impose conditions outside the scope of the variation (Section 39)
  • Increases in the maximum penalties for a wide range of offences under the Act (S44, 45, 54, 54A, 55, 57A and 84) [However they do not affect the “Additional penalty” or “Default Penalty” provisions under these sections]
  • A requirement for council to place monies received from open space contributions into a special fund rather than a “trust account” (S50)
  • A mandatory requirement for a CDAP to have at least one woman and at least one male member, unless exempted by the Minister (S56A)
  • Enabling a Major Development involving development under both the Mining Act and the Development Act to be subject to one set of reports
  • Enabling prescribed bodies to issue enforcement notices in order to rationalise resources and permit those agencies with expertise in a particular area to ensure compliance with specified development authorisation conditions (S84)
  • Enabling applicants and adjacent owners to have administrative appeal matters heard by the ERD Court rather than in the Supreme Court (S81)
  • Clarification that the ERD Court can hear appeals on the issue in dispute without considering certain matters de novo (S86)
  • Ability for sustainability of building matters to be integrated into the decision making process by regulations (Schedule 1)

Changes which will come into effect at future dates, yet to be set:

  • Introduction of a Referral Agency Pre-lodgement Agreement option (Section 37AA)
  • Introduction of a Category 2A public notification procedure where the building work is on the boundary with a residential use (Section 38)
  • A requirement for pre-1993 swimming pools to meet the Development Act safety standards with a prescribed transitional requirement to be set in the regulations (S71AA)
  • Enable a council to require a bond if the construction of the development could cause damage to council infrastructure/land (Section 122 Local Government Act)
  • A requirement for the Minister to provide the LGA with the opportunity to comment on any draft regulations relating to bonds with a specified period (Section 122 Local Government Act)