Release of additional legislation and supplementary materials

Additional legislation and supplementary materials have been released to support the commencement of the Phase Two (Rural Areas) Planning and Design Code. All have been issued under the Planning, Development and Infrastructure Act 2016 (PDI Act).

These items are now publicly available and will assist in supporting assessment processes when the Phase Two Code comes into effect on 31 July 2020.

The release includes:

• amendments to the Planning, Development and Infrastructure (General) Regulations 2017 to update referral bodies, information requirements and other miscellaneous matters
• amendments to the Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017 to provide councils until 1 July 2021 to make a Development Plan Amendment designating places of local heritage value, and to clarify transitional arrangements for Crown and Major developments
• amendments to the Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019 to clarify that swimming pools may not be filled with water unless the pool is enclosed with an appropriate safety barrier
• variations to State Planning Commission Practice Direction 3 (Notification of Performance Assessed Development Applications) 2019 to allow councils to determine the fee to place a notification sign on the land, only require one photo of the sign at the beginning of the notification period, and remove reference to an authority deeming an application minor in nature (notification exclusions will instead be incorporated in the Planning and Design Code)
• commencement of several clauses from Schedules 6 and 8 of the PDI Act to support transitional arrangements and update references in other legislation
• updates to various forms under the PDI Act – Application to Assessment Panel (for review of Assessment Manager’s decision), Deemed Consent Notice, Statement of Compliance, Certificate of Occupancy, and Schedule of Essential Safety Provisions.

This release also includes the publication of three new Practice Directions:

• State Planning Commission Practice Direction 10 (Staged occupation of multi-storey buildings) 2020 – which ensures the staged occupation of a partially completed building takes place in a safe and coordinated manner.
• State Planning Commission Practice Direction 11 (Deemed Planning Consent Standard Conditions) 2020 – which prescribes standard conditions that will apply where deemed planning consent is granted.
• State Planning Commission Practice Direction 12 (Conditions) 2020 – which provides guidance on the imposition of conditions on development applications, and specifies conditions that must be imposed for certain classes of development.

The new PDI Act has introduced a number of changes to the way that building and construction is to be undertaken in South Australia, including the conversion of Minister’s Specifications to Ministerial Building Standards. Three new Ministerial Building Standards have now been published:

• MBS 008 – Additional requirements in designated bushfire prone areas
• MBS 009 – On-site retention of stormwater
• MBS 010 – Construction requirements for the control of external sound.

Further information

More information about this release can be found in the Government Gazette dated 18 June 2020.

Practice Directions

• Practice Direction - 3 - Notification of Performance Assessed Development Applications - Version 2 (18 June 2020) (PDF, 1015 KB)
• Practice Direction - 10 - Staged Occupation of Multi-storey Buildings - Version 1 (18 June 2020) (PDF, 142 KB)
• Practice Direction - 11 - Deemed Planning Consent Standard Conditions 2020 - Version 1 (18 June 2020) (PDF, 736 KB)
• Practice Direction - 12 - Conditions 2020 - Version 1 (18 June 2020) (PDF, 711 KB)

Ministerial Building Standards

• Ministerial Building Standard 008 - Additional requirements in designated bushfire prone areas (PDF, 189 KB)
• Ministerial Building Standard 009 - On-site retention of stormwater (PDF, 1212 KB)
• Ministerial Building Standard 010 - Construction requirements for the control of external sound (PDF, 846 KB)

Forms

• Decision Notification form (DOCX, 84 KB)
• Assessment Panel Review form (DOCX, 160 KB)
• Deemed Consent Notice form (DOCX, 214 KB)
• Statement of Compliance form (DOCX, 74 KB)
• Certificate of Occupancy form (DOCX, 80 KB)
• Schedule of Essential Safety Provisions form (DOCX, 62 KB)

Regulations will be updated on www.legislation.sa.gov.au when available.