| s5(5)(b) |
1. Planning Regions and Greater Adelaide
1.1 The power pursuant to Section 5(5)(b) of the Planning, Development and Infrastructure Act 2016 (the PDI Act) to make submissions to the Minister on a proposed proclamation under Section 5 of the PDI Act. |
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| s6(3)(b) |
2. Subregions
2.1 The power pursuant to Section 6(3)(b) of the PDI Act to make submissions to the Minister on the Minister's proposed course of action. |
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| s7(5)(b) |
3. Environment and Food Production Areas – Greater Adelaide
3.1 The power pursuant to Section 7(5)(b) of the the PDI Act, in relation to proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments to concur in the granting of the development authorisation to the development.
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| s35(1)(a) |
5. Planning Agreements
5.1 The power pursuant to Section 35(1)(a) of the PDI Act and subject to Section 35 of the PDI Act to enter into an agreement (a planning agreement) with the Minister relating to a specified area of the State subject to Section 35 of the PDI Act. |
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| s35(3) |
5. Planning Agreements
5.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:
5.2.1 the setting of objectives, priorities and targets for the area covered by the agreement; and
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| s35(3) |
5. Planning Agreements
5.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:
5.2.2 the constitution of a joint planning board including, in relation to such a board:
5.2.2.1 the membership of the board, being between 3 and 7 members (inclusive); and
5.2.2.2 subject to Section 35(4) of the PDI Act, the criteria for membership; and
5.2.2.3 the procedures to be followed with respect to the appointment of members; and
5.2.2.4 the terms of office of members; and
5.2.2.5 conditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and
5.2.2.6 the appointment of deputy members; and
5.2.2.7 the procedures of the board; and |
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| s35(3) |
5. Planning Agreements
5.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:
5.2.3 the delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and
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| s35(3) |
5. Planning Agreements
5.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:
5.2.4 the staffing and other support issues associated with the operations of the joint planning board; and |
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| s35(3) |
5. Planning Agreements
5.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:
5.2.5 financial and resource issues associated with the operations of the joint planning board, including:
5.2.5.1 the formulation and implementation of budgets; and
5.2.5.2 the proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and |
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| s35(3) |
5. Planning Agreements
5.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:
5.2.6 such other matters as the delegate thinks fit. |
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| s35(5)(a) |
5. Planning Agreements
5.3 The power pursuant to Section 35(5)(a) of the PDI Act, at the expiry of a planning agreement, to replace it with a new agreement (in the same or different terms). |
2 Delegates
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| s35(5)(b) |
5. Planning Agreements
5.4 The power pursuant to Section 35(5)(b) of the PDI Act, to vary or terminate a planning agreement by agreement between the parties to the agreement. |
2 Delegates
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| s44(6)(a) |
7. Community Engagement Charter
7.1 The power pursuant to Section 44(6)(a) of the PDI Act, to make submissions in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 of the PDI Act that is relevant to the Council (unless the proposal has been initiated by the Council). |
2 Delegates
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| s45(2)(c) |
8. Preparation and Amendment of Charter
8.1 The power pursuant to Section 45(2)(c) of the PDI Act to make representations (including in writing or via the SA planning portal) on a proposal to prepare or amend the charter. |
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| s73(6) |
9. Preparation and Amendment
9.2 The power pursuant to Section 73(6) of the PDI Act where the Council is authorised or approved under Section 73 of the PDI Act, after all of the requirements of Section 73 of the PDI Act have been satisfied:
9.2.1 to prepare a draft of the relevant proposal; and
9.2.2 to comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and
9.2.3 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board – consult with the joint planning board; and
9.2.4 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally) – to take reasonable steps to give:
9.2.4.1 an owner or occupier of the land; and
9.2.4.2 an owner or occupier of each piece of adjacent land,
a notice in accordance with the regulations; and
9.2.5 to consult with any person or body specified by the Commission and any other person or body as the delegate thinks fit; and
9.2.6 to carry out such investigations and obtain such information specified by the Commission; and
9.2.7 to comply with any requirement prescribed by the regulations. |
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| s73(8) |
9. Preparation and Amendment
9.4 The power pursuant to Section 73(8) of the PDI Act, after the Council has furnished a report to the Minister under Section 73(7) of the PDI Act, to ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of Section 73 of the PDI Act. |
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| s73(9) |
9. Preparation and Amendment
9.5 The power pursuant to Section 73(9) of the PDI Act to enter into an agreement with a person for the recovery of costs incurred by the Council in relation to an amendment of the Planning and Design Code or a design standard under Section 73 of the PDI Act (subject to the requirement to charge costs under Section 73(4)(b) of the PDI Act (if relevant)). |
2 Delegates
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| s74(8)(c) |
10. Parliamentary Scrutiny
10.1 The power pursuant to Section 74(8)(c) of the PDI Act if the ERD Committee is proposing to suggest an amendment under Section 74(4) of the PDI Act and the amendment is specifically relevant to the Council, to provide a comment and response within the period of 2 weeks. |
2 Delegates
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| s82(d) |
12. Entities Constituting Relevant Authorities
12.1 The power pursuant to Section 82(d) of the PDI Act, subject to the PDI Act, to appoint an assessment panel. |
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| s83(1) |
13. Panels Established by Joint Planning Boards or Councils
13.1 The power pursuant to Section 83(1) of the PDI Act in relation to an assessment panel appointed by the Council under Division 1 of Part 6 of the PDI Act, to:
13.1.1 appoint more than 1 assessment panel and if the delegate does so, to clearly specify which class of development each assessment panel is to assess;
13.1.2 determine:
13.1.2.1 the membership of the assessment panel, being no more than 5 members, only 1 of which may be a member of a council, and, if the delegate thinks fit, on the basis that the assessment panel will be constituted by a different number of members depending on the particular class of development that is being assessed by the assessment panel; and
13.1.2.2 the procedures to be followed with respect to the appointment of members; and
13.1.2.3 the terms of office of members; and
13.1.2.4 conditions of appointment of members, or the method by which those conditions will be determined, (including as to their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and
13.1.2.5 the appointment of deputy members; and
13.1.2.6 who will act as the presiding member of the panel and the process for appointing an acting presiding member. |
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| s83(1)(h) |
13. Panels Established by Joint Planning Boards or Councils
13.2 The power pursuant to Section 83(1)(h) of the PDI Act to arrange the staffing and support required for the purposes of the operations of the panel. |
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| s83(1)(i) |
13. Panels Established by Joint Planning Boards or Councils
13.3 The power pursuant to Section 83(1)(i) of the PDI Act to substitute the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under Section 86 of the PDI Act. |
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| s83(2) |
13. Panels Established by Joint Planning Boards or Councils
13.4 The power pursuant to Section 83(2) of the PDI Act to form the opinion and be satisfied that a person to be appointed as a member of an assessment panel who is a member, or former member, of a council is appropriately qualified to act as a member of the assessment panel on account of the person's experience in local government. |
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| s84(1)(c)(ii)(B) |
14. Panels Established by Minister
14.2 The power pursuant to Section 84(1)(c)(ii)(B) of the PDI Act to make submissions to the Minister about the constitution of a regional assessment panel in relation to the area of the Council and one or more other Councils (or parts of such areas). |
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| s86(2)(a) |
15. Substitution of Local Panels
15.1 The power pursuant to Section 86(2)(a) of the PDI Act to make submissions to the Commission in relation to an inquiry. |
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| s102(1)(c)(iv) |
18. Matters Against which Development Must be Assessed
18.1 The power pursuant to Section 102(1)(c)(iv) of the PDI Act in relation to a proposed division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988) where land is to be vested in the Council, to consent to the vesting. |
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| s102(1)(d)(iv) |
18. Matters Against which Development Must be Assessed
18.2 The power pursuant to Section 102(1)(d)(iv) of the PDI Act in relation to a proposed division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 where land is to be vested in the Council, to consent to the vesting. |
5 Delegates
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| s113(5)(a)(iii) |
21. EIS Process
21.1 The power pursuant to Section 113(5)(a)(iii) of the PDI Act to comment and report within the time prescribed by the regulations on an EIS referred to the Council by the Minister. |
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| s130(6) |
23. Essential Infrastructure – Alternative Assessment Process
23.1 The power pursuant to Section 130(6) of the PDI Act to report to the Commission on any matters contained in a notice under Section 130(5) of the PDI Act. |
2 Delegates
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| s131(7) |
24. Development Assessment – Crown Development
24.1 The power pursuant to Section 131(7) of the PDI Act to report to the Commission on any matters contained in a notice under Section 131(6) of the PDI Act. |
2 Delegates
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| s138(1) |
25. Land Division Certificate
25.1 The power pursuant to Section 138(1) of the PDI Act to enter into a binding agreement supported by adequate security and if the regulations so require in a form prescribed by the regulations. |
1 Delegates
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| s138(2) |
25. Land Division Certificate
25.2 The power pursuant to Section 138(2) of the PDI Act to furnish the Commission with appropriate information as to compliance with a particular condition and to comply with any requirement prescribed by the regulations. |
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| s141(1) |
26. Action if Development Not Completed
26.1 The power pursuant to Section 141(1) of the PDI Act, if:
26.1.1 an approval is granted under the PDI Act; but
26.1.2 -
26.1.2.1 the development to which the approval relates has been commenced but not substantially completed within the period prescribed by the regulations for the lapse of the approval; or
26.1.2.2 in the case of a development that is envisaged to be undertaken in stages - the development is not undertaken or substantially completed in the manner or within the period contemplated by the approval,
to apply to the Court for an order under Section 141 of the PDI Act. |
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| s141(5) |
26. Action if Development Not Completed
26.1.3 The power pursuant to Section 141(5) of the PDI Act, if the Court makes an order under Section 141(3)(a), (b) or (d) of the PDI Act and a person fails to comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and to recover the costs of that work, as a debt from the person. |
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| s141(6) |
26. Action if Development Not Completed
26.1.4 The power pursuant to Section 141(6) of the PDI Act, if an amount is recoverable from a person by the Council under Section 141(5) of the PDI Act:
26.1.4.1 to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person. |
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| s142(1) |
27. Completion of Work
27.1 The power pursuant to Section 142(1) of the PDI Act, if:
27.1.1 an approval is granted under the PDI Act; but
27.1.2 the development to which the approval relates has been substantially but not fully completed within the period prescribed by the regulations for the lapse of the approval,
to, by notice in writing, require the owner of the relevant land to complete the development within a period specified in the notice. |
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| s142(2) |
27. Completion of Work
27.2 The power pursuant to Section 142(2) of the PDI Act, if an owner fails to carry out work as required by a notice under Section 142(1) of the PDI Act, to cause the necessary work to be carried out. |
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| s142(3) |
27. Completion of Work
27.3 The power pursuant to Section 142(3) of the PDI Act to recover as a debt due from the owner, the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 142 of the PDI Act. |
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| s146(3) |
28. Notification During Building
28.1 The power pursuant to Section 146(3) of the PDI Act to, subject to Section 146(4) of the PDI Act, direct a person who is carrying out building work to stop building work when a mandatory notification stage has been reached pending an inspection by an authorised officer who holds prescribed qualifications. |
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| s151(2) |
29. Classification of Buildings
29.1 The power pursuant to Section 151(2) of the PDI Act to assign to a building erected in the Council's area a classification that conforms with the regulations. |
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| s151(3) |
29. Classification of Buildings
29.2 The power pursuant to Section 151(3) of the PDI Act, if the Council assigns a classification under Section 151 of the PDI Act, to give notice in writing to the owner of the building to which the classification has been assigned, of the classification assigned to the building. |
4 Delegates
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| s152(2) |
30. Certificates of Occupancy
30.1 The power pursuant to Section 152(2) of the PDI Act to issue a certificate of occupancy. |
4 Delegates
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| s152(3)(a) |
30. Certificates of Occupancy
30.2 The power pursuant to Section 152(3)(a) of the PDI Act to require an application for a certificate of occupancy to include any information required by the delegate. |
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| s152(5) |
30. Certificates of Occupancy
30.3 The power pursuant to Section 152(5) of the PDI Act to consider any report supplied under Section 152(4) of the PDI Act before deciding the application. |
4 Delegates
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| s152(10) |
30. Certificates of Occupancy
30.5 The power pursuant to Section 152(10) of the PDI Act, if the Council refuses an application to notify the applicant in writing of:
30.5.1 the refusal; and
30.5.2 the reasons for the refusal; and
30.5.3 the applicant's right of appeal under the PDI Act. |
4 Delegates
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| s152(13) |
30. Certificates of Occupancy
30.7 The power pursuant to Section 152(13) of the PDI Act to, in accordance with the regulations, revoke a certificate of occupancy in prescribed circumstances. |
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| s153(1) |
31. Temporary Occupation
31.1 The power pursuant to Section 153(1) of the PDI Act to grant an approval to a person to occupy a building on a temporary basis without a certificate of occupancy. |
4 Delegates
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| s153(2) |
31. Temporary Occupation
31.2 The power pursuant to Section 153(2) of the PDI Act to grant an approval under Section 153(1) of the PDI Act on such conditions (if any) as the delegate thinks fit to impose. |
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| s153(3) |
31. Temporary Occupation
31.3 The power pursuant to Section 153(3) of the PDI Act if the Council refuses an application to notify the applicant in writing of:
31.3.1 the refusal; and
31.3.2 the reasons for the refusal; and
31.3.3 the applicant's right of appeal under the PDI Act. |
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| s155(5) |
32. Emergency Orders
32.1 The power pursuant to Section 155(5) of the PDI Act, if an owner fails to carry out work as required by an emergency order, to cause the necessary work to be carried out. |
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| s155(6) |
32. Emergency Orders
32.2 The power pursuant to Section 155(6) of the PDI Act to recover as a debt due from the owner the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 155 of the PDI Act. |
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| s155(7) |
32. Emergency Orders
32.3 The power pursuant to Section 155(7) of the PDI Act, if an amount is recoverable from a person by the Council under Section 155 of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person. |
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| s163(3)(b) |
34. Initiation of Scheme
34.1 The power pursuant to Section 163(3)(b) of the PDI Act to request the Minister initiate a proposal to proceed under Section 163 of the PDI Act. |
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| s163(10) |
34. Initiation of Scheme
34.2 The power pursuant to Section 163(10) of the PDI Act to make submissions to the Minister in relation to the draft outline. |
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| s166(1)(c) |
36. Consideration of Proposed Scheme
36.1 The power pursuant to Section 166(1)(c) of the PDI Act to consult with a scheme coordinator in relation to a scheme in accordance with the Community Engagement Charter. |
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| s167(7) |
37. Adoption of Scheme
37.1 The power pursuant to Section 167(7) of the PDI Act to make submissions to the Minister in relation to a variation to an outline of a scheme. |
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| s169(2)(b) |
38. Funding Arrangements
38.1 The power pursuant to Section 169(2)(b) of the PDI Act in relation to a scheme that provides for the collection of contributions under Subdivision 8 of the PDI Act to apply for any matter to be considered or determined by ESCOSA or some other prescribed person or body as part of a periodic review of the levels and amounts of those contributions. |
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| s169(9) |
38. Funding Arrangements
38.2 The power pursuant to Section 169(9) of the PDI Act to make submissions to the Commission in relation to a funding arrangement that is specifically relevant to the Council. |
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| s177(4) |
39. Contributions by Constituent Councils
39.1 The power pursuant to Section 177(4) of the PDI Act to make submissions to the Minister in relation to the Council's share. |
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| s177(5) |
39. Contributions by Constituent Councils
39.2 The power pursuant to Section 177(5) of the PDI Act to, at the request of the Minister, supply the Minister with information in the possession of the Council to enable the Minister to determine shares under Sections 177(2) and (3) of the PDI Act. |
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| s180(7) |
40. Imposition of Charge by Councils
40.1 The power pursuant to Section 180(7) of the PDI Act, if the Council incurs costs in recovering a charge as a debt, to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under subdivision 9, Division 1, Part 13 of the PDI Act. |
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| s187(1) |
41. Authorised Works
41.1 The power pursuant to Section 187(1) of the PDI Act, subject to Section 187(3) of the PDI Act, to carry out any infrastructure works if the Council is authorised to so do by or under the PDI Act or any other Act. |
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| s187(5) |
41. Authorised Works
41.2 The power pursuant to Section 187(5) of the PDI Act, subject to Section 187(6) of the PDI Act, to in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road to:
41.2.1 inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and
41.2.2 give the relevant road maintenance authority a reasonable opportunity to consult with the Council in relation to the matter; and
41.2.3 ensure that proper consideration is given to the views of the road maintenance authority.
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| s187(5)(b) |
41. Authorised Works
41.3 The power pursuant to Section 187(5)(b) of the PDI Act to make submissions to the designated entity in relation to the matter. |
2 Delegates
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| s187(6) |
41. Authorised Works
41.4 The power pursuant to Section 187(6) of the PDI Act, in a case of emergency, to only comply with Section 187(5) of the PDI Act to such extent as is practicable in the circumstances. |
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| s188(1) |
42. Entry onto Land
42.1 The power pursuant to Section 188(1) of the PDI Act to authorise a person for the purpose of undertaking any work or activity in connection with the exercise of a power under Division 2 of Part 13 of the PDI Act to:
42.1.1 enter and pass over any land; and
42.1.2 bring onto any land any vehicles, plant or equipment; and
42.1.3 temporarily occupy land; and
42.1.4 do anything else reasonably required in connection with the exercise of the power. |
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| s188(4) |
42. Entry onto Land
42.2 The power pursuant to Section 188(4) of the PDI Act to pay reasonable compensation on account of any loss or damage caused by the exercise of a power under Section 188(1) of the PDI Act. |
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| s189(1) |
43. Acquisition of Land
43.1 The power pursuant to Section 189(1) of the PDI Act, to:
43.1.1 seek the consent of the Minister to acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969; and
43.1.2 with the consent of the Minister, acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969. |
1 Delegates
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| s210(1) |
49. Appointment of Authorised Officers
49.1 The power pursuant to Section 210(1) of the PDI Act to:
49.1.1 appoint a person to be an authorised officer for the purposes of the PDI Act; and
49.1.2 appoint a person who holds the qualifications prescribed by the regulations to be an authorised officer for the purposes of the PDI Act if the Council is required to do so by the regulations.
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| s210(2) |
49. Appointment of Authorised Officers
49.2 The power pursuant to Section 210(2) of the PDI Act to make an appointment of an authorised officer subject to conditions. |
2 Delegates
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| s210(3) |
49. Appointment of Authorised Officers
49.3 The power pursuant to Section 210(3) of the PDI Act to issue each authorised officer an identity card:
49.3.1 containing a photograph of the authorised officer; and
49.3.2 stating any conditions of appointment limiting the authorised officer's appointment. |
3 Delegates
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| s210(5) |
49. Appointment of Authorised Officers
49.4 The power pursuant to Section 210(5) of the PDI Act to, at any time, revoke an appointment which the Council has made, or vary or revoke a condition of such an appointment or impose a further such condition. |
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| s213(1) |
50. Enforcement Notices
50.1 The power pursuant to Section 213(1) of the PDI Act, if the delegate has reason to believe on reasonable grounds that a person has breached the PDI Act or the repealed Act, to do such of the following as the delegate considers necessary or appropriate in the circumstances:
50.1.1 direct a person to refrain, either for a specified period or until further notice, from the PDI Act, or course of action, that constitutes the breach;
50.1.2 direct a person to make good any breach in a manner, and within a period, specified by the delegate;
50.1.3 take such urgent action as is required because of any situation resulting from the breach |
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| s213(2) |
50. Enforcement Notices
50.2 The power pursuant to Section 213(2) of the PDI Act to give a direction under Section 213(1) of the PDI Act by notice in writing unless the delegate considers that the direction is urgently required. |
5 Delegates
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| s213(5) |
50. Enforcement Notices
50.3 The power pursuant to Section 213(5) of the PDI Act, if a person fails to comply with a direction under Section 213(1)(b) of the PDI Act within the time specified in the notice, to cause the necessary action to be taken. |
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| s213(6) |
50. Enforcement Notices
50.4 The power pursuant to Section 213(6) of the PDI Act to recover the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 213 of the PDI Act, as a debt due from the person whose failure gave rise to the PDI Action |
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| s214(1) |
51. Applications to Court
51.1 The power pursuant to Section 214(1) of the PDI Act to apply to the Court for an order to remedy or restrain a breach of the PDI Act or the repealed Act. |
2 Delegates
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| s214(10) |
51. Applications to Court
51.6 The power pursuant to Section 214(10) of the PDI Act to make an application to the Court to make an interim order under Section 214 of the PDI Act. |
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| s214(12) |
51. Applications to Court
51.8 The power pursuant to Section 214(12) of the PDI Act, if the Court makes an order under Section 214(6)(d) of the PDI Act and the respondent fails to comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and recover the costs of that work, as a debt, from the respondent |
1 Delegates
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| s214(13) |
51. Applications to Court
51.9 The power pursuant to Section 214(13) of the PDI Act, if an amount is recoverable from a person by the Council under Section 214(12) of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person. |
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| s214(17) |
51. Applications to Court
51.10 The power pursuant to Section 214(17) of the PDI Act to apply to the Court to vary or revoke an order previously made under Section 214 of the PDI Act. |
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| cl3(3) |
63. Review of Performance
63.1 The power pursuant to Clause 3(3) of Schedule 4 of the PDI Act to explain the Council's actions, and to make submissions (including, if relevant, an indication of undertakings that the Council is willing to give in order to take remedial action), to the Minister. |
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| cl3(14) |
63. Review of Performance
63.2 The power pursuant to Clause 3(14) of Schedule 4 of the PDI Act to make submissions to the Minister on the report on which the PDI Action to be taken by the Minister under Clause 3(13) of Schedule 4 of the PDI Act is based. |
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| cl3(15) |
63. Review of Performance
63.3 The power pursuant to Clause 3(15) of Schedule 4 of the PDI Act, if the Minister makes a recommendation to the Council under Clause 3(13)(a) of Schedule 4 of the PDI Act and the Minister subsequently considers that the Council has not, within a reasonable period, taken appropriate action in view of the recommendation, to make submissions to the Minister in relation to the directions of the Minister. |
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| cl3(16) sch4 |
63. Review of Performance
63.4 The power pursuant to Clause 3(16) of Schedule 4 of the PDI Act to comply with a direction under Clauses 3(13) or (15) of Schedule 4 of the PDI Act. |
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| cl30(3) |
65. General Schemes
65.1 The power pursuant to Clause 30(3) of Schedule 8 of the PDI Act to request the Minister make a declaration under Clause 30(2) of Schedule 8 of the PDI Act in relation to a scheme. |
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| r47(4)(d) |
68. Performance Assessed Development and Restricted Development
68.1 The power pursuant to Regulation 47(4)(d) of the General Regulations to determine the fee payable by the applicant as being appropriate to cover the reasonable costs of placing the notice on the land. |
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| r81(4) |
70. Width of Roads and Thoroughfares
70.1 The power pursuant to Regulation 81(4) of the General Regulations to dispense with a width prescribed by Regulations 81(1) or (3) of the General Regulations (and specify a different width) if the delegate is of the opinion that the width so prescribed is not necessary for the safe and convenient movement of vehicles or pedestrians, or for underground services. |
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| r81(5) |
70. Width of Roads and Thoroughfares
70.2 The power pursuant to Regulation 81(5) of the General Regulations to subject to Regulation 81(6) of the General Regulations specify the width of the road at the head of every cul-de-sac in such dimensions as may be acceptable to the delegate. |
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| r82(1) |
71. Road Widening
71.1 The power pursuant to Regulation 82(1) of the PDI Act, subject to Regulation 82(2) of the General Regulations, if an existing road abuts land which is proposed to be divided, to form the view that the road should be widened in order to provide a road of adequate width having regard to existing and future requirements of the area. |
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| r83(1) |
72. Requirement as to Forming of Roads
72.1 The power pursuant to Regulation 83(1) of the General Regulations, subject to Regulation 83(2) of the General Regulations, to specify the width and manner of the formation of the roadway of every proposed road on a plan of division. |
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| r83(2) |
72. Requirement as to Forming of Roads
72.2 The power pursuant to Regulation 83(2) of the General Regulations to form the opinion that it is necessary to specify a width for a roadway to be formed under Regulation 83(1) in excess of 7.4m, in view of the volume or type of traffic that is likely to traverse that road. |
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| r83(5) |
72. Requirement as to Forming of Roads
72.4 The power pursuant to Regulation 83(5) of the General Regulations, subject to Regulation 83(6) of the General Regulations to require every footpath, water-table, kerbing, culvert and drain of every proposed road to be formed in a manner satisfactory to the delegate. |
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| r83(6) |
72. Requirement as to Forming of Roads
72.5 The power pursuant to Regulation 83(6) of the General Regulations, to dispense with a requirement under Regulation 83(5) of the General Regulations. |
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| r84(1) |
73. Construction of Roads, Bridges, Drains and Services
73.1 The power pursuant to Regulation 84(1) of the General Regulations to require the roadway of every proposed road within the relevant division to be constructed and paved and sealed with bitumen, tar or asphalt or other material approved by the delegate. |
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| r85(4) |
74. Supplementary Provisions
74.3 The power pursuant to Regulation 85(4) of the General Regulations to form the opinion that all connections for water supply and sewerage services to any allotment delineated on the plan which, in the opinion of the Chief Executive of the South Australian Water Corporation are necessary and need to be laid under the surface of the proposed road, have been made. |
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| r94(13) |
77. Essential Safety Provisions
77.1 The power pursuant to Regulation 94(13) of the General Regulations to require compliance with Regulation 94(10) of the General Regulations if:
77.1.1 the essential safety provisions were installed
77.1.1.1 under a condition attached to a consent or approval that is expressed to apply by virtue of a variance with the performance requirements of the Building Code; or
77.1.1.2 as part of a performance solution under the Building Code; or
77.1.2 the building has been the subject of a notice under Section 157 of the PDI Act.
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| Regulation 103A(1) |
79. Required Documentation
79.1 The power pursuant to Regulation 103A(1) of the General Regulations to, in relation to an application for the issuing of a certificate of occupancy relating to a Class 1b to 9 (inclusive) building under the Building Code, require the following documentation:
79.1.1 if the development has been approved subject to conditions, such evidence as the delegate may reasonably require to show that the conditions have been satisfied;
79.1.2 if the application relates to the construction or alteration of part of a building and further building work is envisaged in respect of the remainder of the building, such further evidence as the delegate may reasonably require to show –
79.1.2.1 in the case of a building more than 1 storey – that the requirements of any relevant Ministerial building standard have been complied with; or
79.1.2.2 in any other case – that the building is suitable for occupation.
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| Regulation 103A(2) |
79. Required Documentation
79.2 The power pursuant to Regulation 103A(2) of the General Regulations to, in relation to an application for the issuing on or after 1 July 2022 of a certificate of occupancy relating to a Class 1a building under the Building Code, to require the following documentation:
79.2.1 if the development has been approved subject to conditions, such evidence as the delegate may reasonably require to show that any conditions relevant to the suitability of the building for occupation have been satisfied, |
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| Regulation 103A(3) |
79. Required Documentation
79.3 The power pursuant to Regulation 103A(3) of the General Regulations to, other than in relation to a designated building on which building work involving the use of a designated building product is carried out after 1 January 2024, dispense with the requirement to provide a Statement of Compliance under subregulation (1)(a) or (2)(a) if –
79.3.1 the delegate is satisfied that a person required to complete 1 or both parts of the statement has refused or failed to complete that part and that the person seeking the issuing of the certificate of occupancy has taken reasonable steps to obtain the relevant certification or certifications; and
79.3.2 it appears to the delegate, after undertaking an inspection, that the relevant building is suitable for occupation.
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| Regulation 103F |
83. Revocation
83.1 The power pursuant to Regulation 103F of the General Regulations to revoke a certificate of occupancy –
83.1.1 if –
83.1.1.1 there is a change in the use of the building; or
83.1.1.2 the classification of the building changes; or
83.1.1.3 building work involving an alteration or extension to the building that will increase the floor area of the building by more than 300m2 is about to commence, or is being or has been carried out; or
83.1.1.4 the building is about to undergo, or is undergoing or has undergone, major refurbishment,
83.1.2 if the delegate considers that the building is no longer suitable for occupation because of building work undertaken, or being undertaken, on the building, or because of some other circumstance; or
83.1.3 if the schedule of essential safety provisions has been issued in relation to the building and the owner of the building has failed to comply with the requirements of Regulation 94(10); or
83.1.4 if the delegate considers –
83.1.4.1 that a condition attached to a relevant development authorisation has not been met, or has been contravened, and that, in the circumstances, the certificate should be revoked; or
83.1.4.2 that a condition attached to the certificate of occupancy has not been met, or has been contravened, or is no longer appropriate.
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