Content of approved development scheme
79A Content of approved development scheme
The approved development scheme for a State development area may regulate development—
in all or part of the area; or
outside the area if the development is SDA-related development for the area.
The approved development scheme must—
if the scheme regulates development in part only of the State development area—state the area in which development is regulated; and
identify any SDA assessable development or SDA self-assessable development; and
if the scheme identifies development as SDA assessable development—state the matters or things an SDA application for the development will be assessed against; and
if the scheme identifies development as SDA self-assessable development—include requirements the development must comply with.
Without limiting subsection (2), the approved development scheme may do any or all of the following—
state that development regulated under the scheme is consistent or inconsistent with the scheme;
prescribe a process for any of the following—
assessing and deciding an SDA application;
making, assessing and deciding a request to change an SDA application;
assessing and deciding a change application for an SDA approval;
making, assessing and deciding a request to state a later currency period for an SDA approval under section 84H(2)(c);
making, assessing and deciding a request (a prior affected development request) to the Coordinator-General to carry out a prior affected development for land;
the Coordinator-General approving a plan of subdivision for land in the State development area;
state requirements for an application or request mentioned in paragraph (b);
prescribe the circumstances in which the Coordinator-General may accept an application under section 84D;
identify development, other than development that is to be carried out entirely within the area, as SDA-related development for the area.
Note—
See also section 81B in relation to SDA rules for a matter mentioned in paragraph (b), (c) or (d) that may apply to the State development area.
However, an approved development scheme may, under subsection (3)(e), identify development as SDA-related development for the State development area only if the Coordinator-General is satisfied—
another Act or law that regulates the development may have an adverse effect on the delivery of the development if the identification was not made; and
1 of the following applies—
the development provides infrastructure for the area to address the impacts of any development within the area, whether or not the infrastructure also has another function or purpose;
the development—
is necessary or desirable to give effect to the purpose of, or objectives for, the area stated in the approved development scheme for the area; and
can not reasonably be located or accommodated entirely within the area.
If the approved development scheme identifies development as SDA-related development for the State development area, the scheme must also—
identify whether the development is SDA assessable development or SDA self-assessable development; and
include a description of the land on which the development is proposed to be located; and
include a description of the development, including plans and supporting documentation.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.