Recent changes to the Development Regulations


The most current consolidated Development Regulations can be found online on the SA Legislation website:

The most recent amendments to the Development Regulations include (links to SA Legislation site):

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 and will be 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

The other most recent amendments to the Development Regulations include (links to SA Legislation site):

2007 

2006

For further information please contact the Planning SA System Improvement branch through the listing on the Contact Us page.

*For more detail about the System Indicator Regulations please see the System Indicator Regulations page.