Schedule 30—Riverland Regional Development Assessment Panel
2 Constitution of panel
3 Number of members
4 Criteria for membership and appointment procedures
5 Term of office
6 Conditions of appointment
7 Appointment of deputy presiding member
8 Procedures of panel
9 Administration of panel
10 Other matters
Schedule 31—SA Motor sport Park Map
Schedule 32—Map of initial part of designated Osborne area
Schedule 33—Map of additional part of designated Osborne area
These regulations may be cited as the Development Regulations 2008.
(1) In these regulations and in any Development Plan, the terms set out in Schedule 1 have, unless inconsistent with the context, or unless the contrary intention appears, the respective meanings assigned by that Schedule.
(2) Unless stated to the contrary, a term set out in Schedule 1 which purports to define a form of land use will be taken to include a use which is ancillary and subordinate to that defined use.
(3) Where the Building Code defines a term which is also set out in Schedule 1, then, to the extent of any inconsistency, the definition in the Building Code will prevail for the purposes of the Building Rules.
(4) Unless the contrary intention appears, a reference in a Schedule, other than Schedule 1, to a particular category of zone will be taken to include a reference to any zone of that category that has an additional designation or specification1.
1 For example, an additional designation or specification may be a street name, a distinguishing letter of the alphabet or a distinguishing number, or the name of an area.
(5) A reference in a Schedule, other than Schedule 1, to the natural surface of the ground, in relation to a proposed development, is a reference to existing ground level before the development is undertaken (disregarding any preparatory or related work that has been (or is to be) undertaken for the purposes of the development).
(6) In these regulations—
designated building means a building, or class of building, designated by the Minister in a notice under Schedule 5 clause 1(1)(h);
designated building product means a building product, or kind of building product, designated by the Minister in a notice under Schedule 5 clause 1(1)(h);
diplomatic mission development means development undertaken under the authority of a diplomatic mission of an overseas country associated with the provision of premises for the diplomatic mission (such as an embassy or consulate);
private bushfire shelter means a building, associated with a Class 1a building under the Building Code, that may as a last resort provide shelter for occupants from the immediate life threatening effects of a bushfire event;
Renewing our Streets and Suburbs Stimulus Program means the Renewing our Streets and Suburbs Stimulus Program established by the State Government and published in the Gazette on 3 September 2015 and expanded by notice published in the Gazette on 30 June 2016;
residential code development means any development that is complying development under clause 1(2) or (3), 2A, 2B or 2C of Schedule 4;
SA Motor sport Park means the land within the shaded area in the map set out in Schedule 31 and described as the "SA Motor sport Park Development Site";
State Coordinator General means the person appointed by the Governor to be the State's Coordinator General for the purposes of the Renewing our Streets and Suburbs Stimulus Program and to perform any other functions, or exercise any other powers, conferred on the State Coordinator General under these regulations, and includes a person from time to time acting as the State Coordinator General.
(7) For the purposes of these regulations, there may be 1 or more Assistant State Coordinators General appointed by the Governor.
(8) An Assistant State Coordinator General may—
(a) act as the State Coordinator General when the State Coordinator General is absent or unable to act or when the office of State Coordinator General is vacant (and in the event that the Governor has appointed more than 1 Assistant State Coordinators General then the Minister will determine which Assistant State Coordinator General will act under this paragraph as the occasion arises); and
(b) when not so acting, perform functions or exercise powers of the State Coordinator General delegated by the State Coordinator General.
(9) A delegation for the purposes of subregulation (8)(b)—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the State Coordinator General to act in a matter; and
(1) Subject to these regulations, the Building Code is adopted by these regulations as part of the Building Rules.
(2) The Building Code is, for the purposes of its adoption by these regulations, modified in its application to a strata scheme under the Strata Titles Act 1988 or a community scheme under the Community Titles Act 1996 to the extent that a boundary—
(a) between a unit and common property that consists of or includes a road, driveway, walkway or other thoroughfare, carpark, garden or open space adjoining the boundary with the unit; or
(b) between 2 units, or between a unit and common property, where the units or the unit and common property (as the case may be) are within the 1 building,
will be disregarded as a fire source feature for the purposes of determining requirements for fire resistance of building elements.
(3) Subregulation (2) does not derogate from—
(a) the significance of the boundary between a unit and common property, or between 2 units, as described in paragraph (a) or (b) of that subregulation, for the purposes of determining other requirements for fire resistance of those building elements under the Code; or
(b) the significance of any other boundary of a unit or common property, or the significance of the boundary of any other allotment, for the purposes of determining requirements for fire resistance of building elements (eg the far boundary of a road adjoining the allotment, or a boundary between 2 units that is not within a building).
(3a) The Building Code is, for the purposes of its adoption by these regulations, further modified as set out in regulation 80A.
(4) In this regulation—
unit means a unit under the Strata Titles Act 1988 or a community lot under the Community Titles Act 1996.
5—Application of Act
(1) Pursuant to section 7 of the Act, sections 66, 67 and 68 of the Act (relating to the classification and occupation of buildings) do not apply to any Class 1 or 10 building under the Building Code which is not within the area of a council.
(2) Pursuant to section 7(3) of the Act, section 33(1)(a) of the Act does not apply in relation to development within the SA Motor sport Park if the development has been approved by the State Coordinator General.
(3) Pursuant to section 7(3) of the Act, subsection (1)(d)(viia) of section 33 of the Act does not apply in respect of development that does not involve the creation of a new boundary—
(a) that separates 2 or more sole occupancy units within an existing building; or
(b) that bounds a public corridor within an existing building; or
(c) that is within a prescribed separation distance from an existing building.
(4) Pursuant to section 7(3) of the Act, subsection (5) of section 33 of the Act applies, in respect of a development to which subsection (1)(d)(viia) of that section applies (taking into account the operation of subregulation (3)), on the basis that a reference to the Building Rules is a reference to Section C—Volume 1, and P 2.3.1—Volume 2, of the Building Code.
(5) In this regulation—
prescribed separation distance, in relation to a building, means the separation distance that applies to the building under the Building Code for the purpose of determining requirements for fire resistance of building elements under the Code;
sole occupancy unit has the same meaning as in the Building Code.
5A—Presumption with respect to division of certain buildings
For the purposes of section 33(1)(c)(v) of the Act, if a proposed division of land relates to an existing Class 1 or 2 building under the Building Code, walls of the building exposed to a fire source feature as a result of the proposed division must comply with Section C—Volume 1, and P 2.3.1—Volume 2, of the Building Code as in force at the time the application for consent is made (and the Development Assessment Commission may not issue a certificate in respect of the division under section 51 of the Act unless or until it is satisfied (in such manner as it thinks fit) that such compliance exists).
5AA—Exclusion of certain classes of development from requirement to obtain development plan consent
Pursuant to section 33(4a) of the Act, the classes of development within the ambit of Schedule 1A are excluded from the operation of paragraph (a) of section 33(1).