| 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. |
1 Delegates
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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. |
1 Delegates
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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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1 Delegates
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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. |
1 Delegates
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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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1 Delegates
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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 |
1 Delegates
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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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1 Delegates
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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 |
1 Delegates
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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 |
1 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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). |
1 Delegates
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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. |
1 Delegates
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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. |
4 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
4 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
1 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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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2 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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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| s193(15) |
45. Land Management Agreements – Development Applications
45.8 The power pursuant to Section 193(15) of the PDI Act to apply to the Registrar-General in relation to an agreement under Section 193 that has been rescinded or amended, to enter a note of the rescission or amendment against the instrument of title, or against the land. |
3 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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2 Delegates
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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. |
2 Delegates
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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 |
4 Delegates
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PO & GBS Limitation: must seek Manager approval prior to issuing enforcement notice
GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
4 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
4 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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 |
4 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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. |
2 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
1 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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. |
2 Delegates
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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 and any other water industry entity identified under Regulation 79(1) of the General Regulations in relation to any such allotment are necessary and need to be laid under the surface of the proposed road, have been made. |
1 Delegates
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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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3 Delegates
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GBS: Within limitations of PDI Regulation 25 (Section 97 of the PDI Act) |
| 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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1 Delegates
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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 October 2024 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 12 March 2018, 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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1 Delegates
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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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1 Delegates
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| clause 5(1) |
89. Initiating a Code Amendment
89.1 The power pursuant to clause 5(1) of the State Planning Commission Practice
Direction – 2 Preparation and Amendment of Designated Instrument (PD2), to
initiate a Code Amendment and lodge the following documents to the Department
via the SA Planning Portal:
89.1.1 a Proposal to Initiate;
89.1.2 SA Planning Portal Publication Instructions – for Initiation;
89.1.3 Heritage Report with datasheet(s) and analysis of historic themes
(relevant proposals only);
89.1.4 Significant Tree Report with description/s and assessment/s (relevant
proposals only).
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3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.1 Code Policy
89.2.1.1 an outline of:
(a) any overlay, general development policy, zone, subzone or technical or numeric variation in the Code being proposed for amendment; and/or
(b) the intended spatial application of an overlay, zone, subzone or technical or numeric variation in the Code over an identified area;
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| clause 5(2) |
89. Initiating a Code Amendment
89.2.2 Affected Area
89.2.2.1 a map or description of the Affected Area;
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3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.3 State Planning Policies
89.2.3.1 identification of the relevant principles or objectives of the State Planning Policies and an assessment of the proposed Code
Amendment's alignment with those State Planning Policies; |
3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.4 Regional Plan
89.2.4.1 identification of relevant regional plans and assessment of how the matters or issues proposed to be addressed by the
proposed Code Amendment will relate to the relevant regional plan; |
3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.5 Consultation
89.2.5.1 information regarding any consultation that has already occurred with respect to the proposed Code Amendment;
89.2.5.2 details of further consultation proposed to be undertaken with respect to the proposed Code Amendment;
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3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.6 Planning Merit Statement
89.2.6.1 provide a statement detailing how the proposed Code Amendment relates to strategic directions and outlines desired
policy/development outcomes and anticipated residential/ employment yields;
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3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.7 Investigation Information
89.2.7.1 information regarding any investigations which have already been undertaken with respect to the proposed Code Amendment;
89.2.7.2 commitment to undertake further investigations to support the proposed Code Amendment including the following as
applicable:
(a) infrastructure (road, civil, corridor);
(b) service infrastructure (water, wastewater, stormwater, electricity, gas, telecommunications);
(c) cultural and heritage significance (search of the Register of Aboriginal Sites and Objects);
(d) Code policy (zone, overlay, TNVs, concept plan);
(e) hazard risk (analysis of relevant overlays and site conditions);
(f) the extent to which there are social, economic, land use, built form or environmental features that present a barrier to the outcomes sought;
89.2.7.3 high-level details of any infrastructure required to support development arising through the proposed Code Amendment
and how that infrastructure will be provided (for example potable water and sewerage connection requirements);
89.2.7.4 where known, details of any infrastructure agreement (or agreements) or infrastructure scheme which will need to be
established or entered into in connection with the proposed Code Amendment.
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3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.8 The power pursuant to clause 5(3) of PD2 to set out in the SA Planning Portal Publication Instructions – for Initiation:
89.2.8.1 a summary of the Code Amendment in plain English, which will be published on the SA Planning Portal;
89.2.8.2 where possible, an indication of when consultation may begin. |
3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.9 The power pursuant to clause 5(4) of PD2 to, in relation to initiating a Code Amendment which is intended to designate a place as a place of local heritage value, provide a report which:
89.2.9.1 includes a heritage datasheet for each proposed Local Heritage Place, which includes:
(a) all relevant property details and descriptions (including images);
(b) historical background and thematic analysis;
(c) a statement of heritage value;
(d) an assessment against the Local Heritage Criteria; and
(e) the extent of listing (including any exclusions);
89.2.9.2 includes an analysis of historic themes of importance to the area;
89.2.9.3 is prepared by a heritage architect, historian or person with similar qualifications, skills or experience; and
89.2.9.4 is otherwise prepared in accordance with any guidelines prepared and published by the Commission under Section
67(2)(c) of the PDI Act.
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3 Delegates
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| clause 5(2) |
89. Initiating a Code Amendment
89.2 The power pursuant to clause 5(2) of PD2 to set out in the Proposal to Initiate:
89.2.10 The power pursuant to clause 5(5) of PD2 to, in relation to initiating a Code Amendment which is intended to designate a tree (or stand of trees) as a significant tree (or trees), provide a report which:
89.2.10.1 includes relevant details and descriptions of the tree or stand of trees (including images as necessary);
89.2.10.2 includes an assessment of the tree (or stand of trees) against the Significant Tree Criteria;
89.2.10.3 is prepared by an urban planner, arborist or person with qualifications, skills or experience relevant to the assessment in
the report. |
3 Delegates
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| clause 6(1) |
90. Preparation of a Draft Code Amendment (Prior to Consultation)
90.1 The power pursuant to clause 6(1) of PD2, to prior to consultation occurring on a draft Code Amendment:
90.1.1 carry out investigations and obtain such information:
90.1.1.1 as provided in the Proposal to Initiate approved by the Minister;
90.1.1.2 as required under any conditions imposed by the Minister under Section 73(5)(b) of the PDI Act; and
90.1.1.3 as specified by the Commission under Sections 73(6)(e) or 73(6)(f) of the PDI Act; |
3 Delegates
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| clause 6(1) |
90. Preparation of a Draft Code Amendment (Prior to Consultation)
90.1 The power pursuant to clause 6(1) of PD2, to prior to consultation occurring on a draft Code Amendment:
90.1.2 provide the Department with:
90.1.2.1 written instructions (in a form acceptable to the Department) that set out the intent of the proposed Code Amendment for the purposes of the Department writing the draft policy for inclusion in the draft Code Amendment; and
90.1.2.2 mapping instructions or a description of the Affected Area (in a form acceptable to the Department) in order to enable the
Department to prepare and provide to the Designated Entity, mapping which is suitable for inclusion in the draft Code Agreement; |
3 Delegates
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| clause 6(1) |
90. Preparation of a Draft Code Amendment (Prior to Consultation)
90.1 The power pursuant to clause 6(1) of PD2, to prior to consultation occurring on a draft Code Amendment:
90.1.3 prepare the draft Code Amendment in accordance with the approved Proposal to Initiate and any conditions imposed by the Minister under Section 73(5)(b) of the PDI Act and the requirements of this Practice Direction; |
3 Delegates
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| clause 6(1) |
90. Preparation of a Draft Code Amendment (Prior to Consultation)
90.1 The power pursuant to clause 6(1) of PD2, to prior to consultation occurring on a draft Code Amendment:
90.1.4 provide the Department with written instructions (in a form acceptable to the Department) to prepare the SA Planning Portal for consultation on the draft Code Amendment; and |
3 Delegates
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| clause 6(1) |
90. Preparation of a Draft Code Amendment (Prior to Consultation)
90.1 The power pursuant to clause 6(1) of PD2, to prior to consultation occurring on a draft Code Amendment:
90.1.5 provide the Department with the engagement plan prepared (and approved, if required) under these Practice Directions, for the purpose of the Department publishing the engagement plan on the SA Planning Portal.
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3 Delegates
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| clause 6(2) |
90. Preparation of a Draft Code Amendment (Prior to Consultation)
90.2 The power pursuant to clause 6(2) of PD2, where an engagement plan is amended during any period of consultation or any time prior to finalisation of the engagement report under PD2, to provide the Department with the engagement plan (as updated) for the purpose of the Department publishing the updated engagement plan on the SA Planning Portal |
3 Delegates
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| clause 7(1) |
91. Requirements for a Draft Code Amendment
91.1 The power pursuant to clause 7(1) of PD2 to support a draft Code Amendment by the following information:
91.1.1 an explanation of the current code policy as it applies to the Affected Area (at the time of preparation of the draft Code Amendment);
91.1.2 an explanation of the amendments to the Code policy proposed for the Affected Area;
91.1.3 an assessment of the strategic planning outcomes intended to be achieved through the draft Code Amendment, including an analysis of the consistency of the draft Code Amendment with the relevant provisions of State Planning Polices, the Regional Plan and any other relevant strategic plans;
91.1.4 a summary and explanation of the investigations undertaken and how these support the draft Code Amendment; and
91.1.5 an explanation of any infrastructure or services required to support development facilitated by the proposed Code Amendment, and an explanation of how and when the infrastructure will be provided.
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3 Delegates
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| clause 9(1) |
92. Preparation of an Engagement Plan (Prior to Consultation)
92.1 The power pursuant to clause 9(1) of PD2 to prepare an engagement plan that:
92.1.1 meets the principles and performance outcomes of the Charter;
92.1.2 describes the persons or bodies to be consulted on the proposed amendment of the Designated Instrument, which must include any persons or bodies:
92.1.2.1 required to be consulted with under a condition imposed by the Minister under Section 73(5) of the PDI Act;
92.1.2.2 specified by the Commission under Section 73(6)(e) of the PDI Act; and
92.1.2.3 who must be consulted with under the Charter;
92.1.3 outlines any relevant previous engagement undertaken to inform the proposal;
92.1.4 describes the evaluation framework for the engagement. |
3 Delegates
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| clause 9(2) |
92. Preparation of an Engagement Plan (Prior to Consultation)
92.2 The power pursuant to clause 9(2) of PD2 to, in relation to engagement plans which relate to proposed preparation of or amendment to a State Planning Policy or a Regional Plan submit the engagement plan to the Commission for approval prior to commencement of formal engagement on the proposal.
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3 Delegates
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| clause 9(3) |
92. Preparation of an Engagement Plan (Prior to Consultation)
92.3 The power pursuant to clause 9(3) of PD2 to, in relation to an engagement plan relating to a proposed amendment to the Code or a Design Standard, submit the engagement plan to the Commission or the Minister for approval, if a condition has been imposed by the Minister under Section 73(5) of the PDI Act which requires such approval. |
3 Delegates
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| clause 10(1) |
93. Preparation of an Engagement Report (Following Consultation)
93.1 The power pursuant to clause 10(1) of PD2 to, at the completion of engagement on a proposal prepare or amend a Designated Instrument, provide the Department with:
93.1.1 if amendments to the proposal are required:
93.1.1.1 written instructions (in a form acceptable to the Department) that set out any changes to the draft Designated Instrument for the purposes of the Department updating and providing the draft policy for inclusion in the draft Designated Instrument; and/or
93.1.1.2 mapping instructions or a description of the Affected Area (in a form acceptable to the Department) in order to enable the
Department to prepare and provide to the Designated Entity, mapping which is suitable for inclusion in the draft Designated
Instrument;
93.1.2 the updated draft Designated Instrument or amendment to the Designated Instrument in the form of amendment instructions (once finalised by the Designated Entity, incorporating any amendments); and
93.1.3 a final engagement report as required under Section 73(7) of the PDI Act and prepared in accordance with PD2, for the purpose of the Department arranging for the engagement report and draft Designated Instrument to be furnished to the Minister.
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3 Delegates
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| clause 10(2) |
93. Preparation of an Engagement Report (Following Consultation)
93.2 The power pursuant to clause 10(2) of PD2 to set out in an engagement report required under Section 73(7) of the PDI Act:
93.2.1 details of the engagement undertaken and how that engagement met the engagement plan and reasons for variations (if any) to the engagement plan;
93.2.2 the outcome of the engagement including a summary of the written submissions or feedback received;
93.2.3 any proposed changes to the proposal to prepare or amend a Designated Instrument (when compared with the proposal that was engaged on) and the reasons for those proposed changes. This should specifically indicate:
93.2.3.1 where changes are proposed to the Designated Instrument based on or as a result of the engagement; and
93.2.3.2 any other changes which are proposed based on or as a result of additional investigations or information which was not
available when the proposal was released for engagement.
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| cl 11(4) |
94. Lodgement of Proposal
94.1 The power pursuant to clause 11(4) of PD2 to submit a completed Lodgement Form with the Department via the SA Planning Portal, to commence the process for a proposed Complying Change. |
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| cl 11(5) |
94. Lodgement of Proposal
94.2 The power pursuant to clause 11(5) of PD2 to set out in the Lodgement Form:
94.2.1 Affected Area
94.2.1.1 a map of the Affected Area (confirming its consistency with the boundaries of the map(s) relating to the relevant Regional Plan recommendation);
94.2.2 Code Mapping
94.2.2.1 an outline of:
(a) any existing overlay, zone, subzone, concept plan or technical and numeric variation in the Code within the Affected Area which is proposed to be amended;
(b) the proposed spatial application of any overlay/s and/or amendment/s to the boundary of a zone or subzone; and
(c) any associated proposed application of a concept plan/s and/or all relevant technical or numeric variation/s within the Affected Area in connection with the proposed change outlined in clause 11(5)(c)(ii) of PD2;
94.2.3 Regional Plan Recommendation
94.2.3.1 a description of the relevant recommendation/s in the Regional Plan;
94.2.3.2 confirmation that the details outlined in clauses 11(5)(c)(ii) and (iii) of PD2 are consistent with the recommendation in the Regional Plan (where relevant); and
confirmation that a time period of not more than two years has elapsed since the relevant recommendation in the Regional Plan was given effect pursuant to Section 73(12) of the PDI Act (unless the Commission considers that a longer period shall apply for the purposes of clause 11 of PD2).
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| clause 10(3) |
93. Preparation of an Engagement Report (Following Consultation)
93.3 The power pursuant to clause 10(3) of PD2 to also include in the engagement report an evaluation of the effectiveness of the engagement that considers whether:
93.3.1 the principles of the Charter have been activated; and
93.3.2 all mandatory requirements identified in the Charter have been met (where the consultation category is applicable).
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| cl 13(1) |
95. Final Determination of Minister
95.1 The power pursuant to clause 13(1) of PD2 when consultation on a proposed Complying Change is complete, to provide the Department with:
95.1.1.1 written instructions (in a form acceptable to the Department) that set out any changes to the Complying Change as it was initially proposed; and/or
95.1.1.2 mapping instructions or a description of the Affected Area (in a form acceptable to the Department) in order to enable the Department to prepare mapping which is suitable for inclusion in the Code;
95.1.2 the updated draft proposed Complying Change in the form of amendment instructions (once finalised by the Council, incorporating any changes); and
95.1.3 if any submissions were received, a consultation report to be furnished to the Commission.
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| clause 13(2) |
95. Final Determination of Minister
95.2 The power pursuant to clause 13(2) of PD2 to set out in the consultation report in clause 13(1)(c) of PD2:
95.2.1 the outcome of the consultation, including a summary of the written submissions or feedback received; and
95.2.2 any proposed changes to the Complying Change (when compared with the proposal that was consulted on) and the reasons for those proposed changes and specifically indicate:
95.2.2.1 where changes are proposed to the Complying Change as a result of the consultation; and
95.2.2.2 any other changes proposed as a result of additional investigations or information that was not available when the proposal was released for consultation.
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3 Delegates
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| clause 14(1) |
96. Early Commencement of a Code Amendment
96.1 The power pursuant to clause 14(1) of PD2 to provide a request for early commencement of a Code Amendment under Section 78 of the PDI Act to the Department and include:
96.1.1 explanation, justification and evidence as necessary to demonstrate how early commencement of the Code Amendment is:
96.1.1.1 necessary in the interest of the orderly and proper development of an area of the State; and
96.1.1.2 required in order to counter applications for undesirable development (which should identify possible future development
that would detract from or negate the object of the proposed Code Amendment) ahead of the outcome of consideration of the Code Amendment;
96.1.2 written instructions (in a form acceptable to the Department) that set out the intent of the proposed Code Amendment for the purposes of the Department writing the draft policy for inclusion in the draft Code Amendment; and
96.1.3 mapping instructions or a description of the Affected Area (in a form acceptable to the Department) in order to enable the Department to prepare and provide to the Designated Entity, mapping which is suitable for inclusion in the draft Code Amendment.
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3 Delegates
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| clause 11(1) |
94. Complying Changes to the Code of Conduct
94.1 The power pursuant to clause 11(1) of PD2 to, in relation to a request for the Minister to agree to a complying change to the Code under Section 75 of the PDI Act provide the request to the Department and include the following information:
94.1.1 description of the relevant recommendations in the Regional Plan which relate to the proposed Code Amendment, including any specific maps or other specific information which clearly and expressly identify the changes relevant to the proposed Code Amendment;
94.1.2 a summary of any consultation which has occurred in accordance with the Charter in relation to the proposed Code Amendment or the relevant
Regional Plan. This should include a copy of the engagement report prepared for the relevant Regional Plan and any additional consultation that has occurred for the proposed Code Amendment;
94.1.3 written instructions (in a form acceptable to the Department) that set out the intent of the proposed Code Amendment for the purposes of the Department writing the draft policy for inclusion in the draft Code Amendment; and
94.1.4 mapping instructions or a description of the Affected Area (in a form acceptable to the Department) in order to enable the Department to prepare and provide to the Designated Entity, mapping which is suitable for inclusion in the draft Code Amendment. |
3 Delegates
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| cl6(3)(b) |
97. Responsibility to Undertake Notification
97.1 The power pursuant to clause 6(3)(b) of the State Planning Commission Practice Direction – 3 (Notification of Performance Assessed Development Applications) 2019 (PD3) to determine the relevant fee as being appropriate to cover the relevant authority's reasonable costs in giving public notice of the application under Section 107(3)(a)(i) of the PDI Act. |
3 Delegates
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| cl2(2) |
98. Mandatory Inspections
98.1 The power pursuant to clause 2(2) of Part 2 of the State Planning Commission Practice Direction (Council Inspections) 2020 (PD9) to, in carrying out an inspection under PD9, take all reasonable steps to ensure each inspection includes an inspection and assessment of the following elements (elements), as may be present at the time of inspection:
98.1.1 primary structural elements;
98.1.2 structural framing and roof trusses;
98.1.3 wet areas and waterproofing;
98.1.4 barriers to prevent falls;
98.1.5 cladding;
98.1.6 egress provisions;
98.1.7 bushfire protection systems;
98.1.8 passive and active fire safety elements;
98.1.9 private bushfire shelters; and
98.1.10 performance solutions. |
3 Delegates
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| cl3(2) |
99. Additional Inspections
99.1 The power pursuant to clause 3(2) of Part 2 of PD9 to consider carrying out an inspection in addition to any specified in clause 2 of Part 2 of PD9 (additional inspections) if the delegate has information to indicate that the circumstances warrant it, having regard to the objects of PD9. |
3 Delegates
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| cl4(3) |
100. Inspections Generally
100.1 The power pursuant to clause 4(3) of Part 2 of PD9, in relation to building work listed in Schedule 7 of the General Regulations to consider if an additional inspection may be appropriate. |
3 Delegates
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| cl1(2) |
101. General Requirements
100.1 The power pursuant to clause 1(2) of Part 3 of PD9 to ensure that an inspection under PD9 and subsequent assessment of each of the applicable elements in clause 2(2) of Part 2 of PD9 is carried out by a person who has the appropriate qualifications, skills, knowledge and experience to carry out an inspection assigned to that officer under PD9. |
3 Delegates
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