Planning, Development and Infrastructure Act 2016

A decision under this Part is subject to such conditions (if any)—

as a relevant authority thinks fit to impose in relation to the development; or

as may be specified by any practice direction or otherwise imposed under another provision of this Act.

Any such condition—

in the case of a condition under subsection (1)(a)—must be consistent with any practice direction published by the

Commission for the purposes of this section (and, for the purposes of this paragraph, a practice direction may prohibit certain conditions or classes of condition); and

is binding on, and enforceable against—

the person by whom the development is undertaken; and

any person who acquires the benefit of the decision or the development;

and

the owners and occupiers of the land on which the development is undertaken; and

may continue to apply in relation to the development unless or until it is varied or revoked by the relevant authority in accordance with an application under this Part.

Subject to a preceding subsection, a relevant authority may, for example, approve a development subject to a condition—

that regulates or restricts the use of any land or building subject to development; or

that provides for the management, preservation or conservation of any land or building subject to development; or

that regulates maintenance of any land or building subject to development; or

if the applicant is seeking approval for a temporary development—that provides that, at a future time specified in the condition—

the previous use of the land will revive, or a use of the land will cease; and

any person who has the benefit of the development will restore the land to the state in which it existed immediately before the development.

A relevant authority must, in granting development authorisation for a relevant residential development within 60 m of a boundary of a designated live music venue, impose a condition that the development include noise attenuation measures in accordance with the Minister's noise attenuation requirements.

For the purposes of subsection (3a), the Minister must publish on the SA planning portal the

Minister's noise attenuation requirements.

Subject to subsections (6) and (8), if a development authorisation provides for the killing, destruction or removal of a regulated tree or a significant tree, the relevant authority must apply the principle that the development authorisation be subject to a condition that the prescribed number of trees (of a kind determined by the relevant authority) must be planted and maintained to replace the tree (with the cost of planting to be the responsibility of the applicant or any person who acquires the benefit of the consent and the cost of maintenance to be the responsibility of the owner of the land).

A tree planted under subsection (4) must satisfy any criteria prescribed by the regulations (which may include criteria that require that any such tree not be of a species prescribed by the regulations).

The relevant authority may, on the application of the applicant, determine that a payment of an amount calculated in accordance with the regulations be made into the relevant fund in lieu of planting 1 or more replacement trees under subsection (4) (and the requirements under subsection (4) will then be adjusted accordingly).

For the purposes of subsection (6), the relevant fund is—

unless paragraph (b) applies—an urban trees fund for the area where the relevant tree is situated;

if—

an urban trees fund has not been established for the area where the relevant tree is situated; or

the relevant authority is the Commission or an assessment panel appointment by the Minister or a joint planning board, the

Planning and Development Fund.

Subsections (4) and (6) do not apply if—

the relevant tree is of a class excluded from the operation of those subsections by the regulations; or

the relevant authority determines that it is appropriate to grant an exemption under this subsection in a particular case after taking into account any criteria prescribed by the regulations and the

Minister concurs in the granting of the exemption.

In this section—

designated live music venue means a venue or place within the designated live music venue area that is designated by the Minister in the Minister's noise attenuation requirements;

designated live music venue area means the area of land bounded by the bold black line on the map set out in Schedule 4A;

relevant residential development means development primarily for residential purposes but does not include development primarily for the purposes of a hotel or motel or to provide any other form of temporary residential accommodation for valuable consideration.