Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017 (SA)

South Australia Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017 under the Planning, Development and Infrastructure Act 2016

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Initial provisions 4 Greater Adelaide 5 Transitional provisions relating to extension of operation of section 7 under repealed Act 6 Transitional provisions relating to development assessment panels under repealed Act Part 3—Development plan amendments 7 Interpretation 8 Adoption of DPAs Part 4—Staged commencement of development assessment under Act 9 Interpretation 10 General scheme for staged commencement 11 Related provisions 11A Special provision relating to existing authorisations of major developments 12 Local heritage 13 Significant trees 14 Appeals 15 References to provisions and instruments Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Planning, Development and Infrastructure Act 2016.

Part 2—Initial provisions 4—Greater Adelaide Until the first proclamation is made under section 5 of the Act, a reference to Greater Adelaide in the Act will be taken to be a reference to Greater Adelaide as described in section 5(2) of the Act. 5—Transitional provisions relating to extension of operation of section 7 under repealed Act (1) For the purposes of clause 5(4)(d) of Schedule 8 of the Act, the following transitional provisions will apply on account of the commencement of section 7 of the Act on 1 April 2017 and in relation to the application of section 7 as if it formed part of the repealed Act: (a) a reference in section 7 to a relevant authority will be taken to be a reference to a relevant authority under the repealed Act; (b) a reference in section 7 to a development authorisation will be taken to be a reference to a development authorisation under the repealed Act; (c) a reference to the Commission being a relevant authority will be taken to be a reference to the Development Assessment Commission, subject to the operation of clause 6 of Schedule 8 of the Act. (2) Schedule 7 of the Act will apply in relation to the operation of section 7 of the Act as it applies under the repealed Act on account of the commencement of that section and the operation of clause 5(4)(c) of Schedule 8 of the Act. (3) In connection with the operation of subregulation (2), a reference in Schedule 7 of the Act to a development authorisation will be taken to include a reference to a development authorisation under the repealed Act. 6—Transitional provisions relating to development assessment panels under repealed Act (1) Subject to subregulation (2), on and after 1 October 2017 (being the designated day for the purposes of clauses 12 and 13 of Schedule 8 of the Act), a council development assessment panel or a regional development assessment panel constituted under the repealed Act (and in existence immediately before 1 October 2017) will no longer act under the repealed Act. (2) If a council has not, immediately before 1 October 2017, appointed an assessment panel envisaged by clause 12(1) of Schedule 8 of the Act, the council's development assessment panel constituted under the repealed Act may continue to act until the Minister constitutes a local assessment panel under clause 12(3) of Schedule 8 of the Act.