Planning, Development and Infrastructure Act 2016

Development falls within the category of impact assessed development if—

it is classified by the Planning and Design Code as restricted development;

or

it is classified by the regulations as impact assessed development;

or

it is declared by the Minister as being impact assessed development;

or

it is declared under the State

Development Coordination and Facilitation Act 2025 as being impact assessed development.

A declaration under subsection (1)(c)—

is made by notice published—

in the Gazette; and

on the SA planning portal; and

to avoid doubt, may be made in relation to—

a development specified in the notice; or

a kind of development specified in the notice (either in the State generally, or in a specified part of the State); or

development generally within a specified part of the State.

If the Minister proposes to make a declaration under subsection (1)(c) in respect of a development that will, if the development proceeds, be situated wholly or partly within the area of a council, the

Minister must notify the council before making the declaration.

A declaration under subsection (1)(c) does not extend to development lawfully commenced by substantial work on the site of the development before publication of the notice published in the Gazette under subsection (2)(a)(i).

A regulation under subsection (1)(b) or a declaration under subsection (1)(c) cannot apply with respect to a development or project within the

Adelaide Park Lands (within the meaning of the Adelaide

Park Lands Act 2005).

The

Minister may vary or revoke a declaration under subsection (1)(c) by further notice published—

in the Gazette; and

on the SA planning portal.

A reference to development in connection with the operation of subsection (1)(c) extends to a project and, if a declaration is made under that subsection in relation to a project, a reference to "development" in the following sections of this Division specified by the regulations will be taken to include a reference to a project (subject to any modifications prescribed by the regulations).

The prescribed fee is payable in accordance with the regulations when a development or project comes within the ambit of a declaration under subsection (1)(c).

The

Minister must, in acting under subsection (1)(c), take into account principles prescribed by the regulations.