Planning, Development and Infrastructure Act 2016

This section applies to essential infrastructure of a prescribed class.

A person who proposes to undertake development with respect to the provision of essential infrastructure to which this section applies (a proponent) may apply to the Commission for an approval under this section.

The application must contain the prescribed particulars.

The

Commission may request the proponent to provide additional documents or information (including calculations and technical details) in relation to the application.

The

Minister or Commission may, before an application is approved or refused under this section, permit the applicant to vary the application (including any plans, drawings, specifications or other documents that accompanied the application), provided that the essential nature of the proposed development is not changed.

Permission under subsection (4a) may be granted unconditionally or subject to such conditions as the

Minister or Commission thinks fit.

If an application relates to development within the area of a council, the Commission must give notice containing prescribed particulars of the development to the council in accordance with the regulations.

A council may report to the Commission on any matters contained in a notice under subsection (5).

Where a notice is given to a council under subsection (6), and a report from the council is not received by the Commission within 4 weeks of the date of the notice, it will be conclusively presumed that the council does not intend to report on the matter.

The

Commission must assess an application lodged with it under this section.

The regulations may provide that where an application relates to a proposed development of a prescribed class, the Commission must refer the application, together with a copy of any relevant information provided by the proponent, to a body prescribed by the regulations for comment and report within the time prescribed by the regulations.

A prescribed body may, before it provides a report under subsection (9), request the proponent—

to provide additional documents or information (including calculations and technical details) in relation to the application; and

to comply with any other requirements or procedures of a prescribed kind.

If an application is referred to a prescribed body under subsection (9) and a report from the prescribed body is not received by the

Commission within a period determined under the regulations, it will be conclusively presumed that the prescribed body does not intend to report on the matter.

If an application is for a development that involves construction work where the total amount to be applied to the work will, when all stages are complete, exceed $10 000 000, other than an application for a variation to an approved development that, in the opinion of the Commission, is of a minor nature, the Commission must—

by public advertisement, invite interested persons to make written submissions to it on the proposal within a period of at least 15 business days; and

allow a person who has made a written submission to it within that period and who, as part of that submission, has indicated an interest in appearing before it, a reasonable opportunity to appear personally or by representative before the Commission to be heard in support of his or her submission; and

give due consideration in its assessment of the application to any submissions made by interested persons as referred to in paragraph (a) or (b).

The

Commission will then prepare a report to the Minister on the matter.

If a council has, in relation to any matters referred to the council under subsection (5), expressed opposition to the proposed development in its report under subsection (6), a copy of the report must be attached to the Commission's report (unless the council has, since providing its report, withdrawn its opposition).

If a prescribed body has provided a report under subsection (9), a copy of the report must also be attached to the Commission's report.

The

Commission must, unless the Minister grants an extension of time, furnish its report within the time prescribed by the regulations.

If a request is made under subsection (4), any period between the date of request and the date of compliance is not to be included in the calculation of the period under subsection (16).

The

Minister may, after receipt of the report of the Commission under this section (and after taking such action (if any) as the Minister thinks fit)—

approve the development; or

refuse to approve the development.

An approval may be given—

for the whole or part of a proposed development;

subject to such conditions as the Minister thinks fit.

The

Minister may, on the application of a person who has the benefit of an approval under this section, vary or revoke the approval or a condition of the approval.

An approval under this section will be taken to be given subject to the condition that, before any building work is undertaken, the building work be certified by a building certifier, or by some person determined by the Minister for the purposes of this provision, as complying with the provisions of the Building Rules to the extent that is appropriate in the circumstances.

An approval under this section that involves building work will also be taken to be given subject to the condition that the proponent provides the relevant technical details, particulars, plans, drawings and specifications to the person responsible for certifying the building work for the purposes of subsection (20)—

before any building work is undertaken; and

if relevant, at any other time required by the Minister.

A person acting under subsection (20) must—

seek and consider the advice of the Commission before giving a certificate in respect of building work that would be at variance with the performance requirements of the Building Code; and

take into account the criteria, and comply with any requirement, prescribed by the regulations before giving a certificate in respect of building work that would otherwise involve a variance with the

Building Rules, and if the person gives a certificate that involves building work that is at variance with the Building Rules then the person must, subject to the regulations, specify the variance in the certificate.

A person engaged to perform building work for a development approved under this section must—

ensure that the building work is performed in accordance with technical details, particulars, plans, drawings and specifications certified for the purposes of subsection (20);

and

comply with the Building Rules (subject to any certificate under subsection (20) that provides for a variance with the Building Rules), and any other requirements imposed under this section.

Maximum penalty: $120 000.

Default penalty: $500.

A person must not contravene, or fail to comply with, a condition of an approval under this section.

Maximum penalty: $120 000.

Additional penalty.

Default penalty: $500.

Subject to subsection (24a), if the Minister approves a development under this section, no other procedure or requirement relating to the assessment of the development under this Act applies and no other development authorisation (including a certificate or approval under Part 11) is required under this Act, although the Minister may, if necessary for the purposes of any other Act, issue any other development authorisation under this Act (which will then be taken, for the purposes of that other Act, to have been issued by a relevant authority under this Act).

Despite subsection (24), the Minister may, in connection with approving a development under this section, determine that a certificate or approval under Part 11 is required in respect of the development.

Despite a preceding subsection, if the Minister directs that an EIS be prepared with respect to a development otherwise within the ambit of this section then—

this section ceases to apply to the development; and

the proponent must not undertake the development without the approval of the Minister under section 115 (as if the development were classified as impact assessed development); and

unless section 115(2)(a) applies, the development becomes subject to the processes and procedures under this Act with respect to the preparation and consideration of an EIS; and

any amendment to the application is to be treated as an amendment under section 114 (provided that, if an amendment is proposed before the EIS is prepared, the amendment may be permitted in accordance with section 119(9)).

No appeal lies against a decision of the Minister under this section.

This section does not limit—

the ability of a person to apply for the assessment and approval of essential infrastructure under Part 7;

or

the ability of a person to proceed under Division 1 of the Part.

This section does not apply to any development within the Adelaide Park

Lands, within the meaning of the Adelaide

Park Lands Act 2005 (and any such development must be assessed under Part 7).