South Australian Current Acts

PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"accredited professional" means a person who holds an accreditation under section 88;

"adjacent land" in relation to other land, means land that is no more than 60 metres from the other land;

"adjoining owner" means the owner of land that abuts (either horizontally or vertically) on the land of a building owner;

"advertisement" means an advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport;

"advertiser" in relation to an advertisement, means the person whose goods or services are advertised in the advertisement;

"advertising hoarding" means a structure for the display of an advertisement or advertisements;

"affected part" of a building in relation to which building work is to be carried out means any of the following:

            (a)         the principal pedestrian entrance of the building;

            (b)         any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the location of the building work;

"allotment" has the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988 ;

"amendment" includes an addition, excision or substitution;

"amenity" of a locality or building means any quality, condition or factor that makes, or contributes to making, the locality or building harmonious, pleasant or enjoyable;

"authorised officer" means a person appointed to exercise the powers of an authorised officer under this Act;

"building" means a building or structure or a portion of a building or structure (including any fixtures or fittings which are subject to the provisions of the Building Code), whether temporary or permanent, moveable or immovable, and includes a boat or pontoon permanently moored or fixed to land, or a caravan permanently fixed to land;

"building certifier"—see section 92;

"Building Code" means an edition of the Building Code of Australia published by the Australian Building Codes Board in the National Construction Code series;

"building consent" means a consent granted under section 102(1)(b);

"building owner" means the owner of land on or in relation to which building work is or is to be performed;

"Building Rules" means—

            (a)         the Building Code, as it applies under this Act; and

            (b)         any regulations under this Act that regulate the performance, standard or form of building work; and

            (c)         without limiting paragraph (b), any regulations that relate to designated safety features; and

            (d)         the Ministerial building standards published by the Minister under this Act;

"building work" means work or activity in the nature of—

            (a)         the construction, demolition or removal of a building (including any incidental excavation or filling of land); or

            (b)         any other prescribed work or activity,

but does not include any work or activity that is excluded by regulation from the ambit of this definition;

"business day" means any day except—

            (a)         Saturday, Sunday or a public holiday; or

            (b)         any other day which falls between 25 December in any year and 1 January in the following year;

"character preservation area" means the area which constitutes a district within the meaning of a character preservation law;

"character preservation law" means an Act that specifies that it is a character preservation law for the purposes of this Act;

"Chief Executive" means the Chief Executive of the Department and includes a person for the time being acting in that position;

"Commission" means the State Planning Commission established under Part 3 Division 1;

"Commissioner for Consumer Affairs" means the person holding the office of Commissioner for Consumer Affairs and includes a person for the time being acting in that office;

"Community Engagement Charter"—see section 44;

"construct" in relation to a building, includes—

            (a)         to build, rebuild, erect or re-erect the building;

            (b)         to repair the building;

            (c)         to make alterations to the building;

            (d)         to enlarge or extend the building;

            (e)         to underpin the building;

            (f)         to place or relocate the building on land;

"council" means a council constituted under the Local Government Act 1999 ;

"Court" means the Environment, Resources and Development Court;

"Crown" means the Crown in right of the State or in any of its other capacities;

"Department" means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;

"designated safety features" means—

            (a)         in relation to a swimming pool—swimming pool safety features; and

            (b)         in relation to a building—safety features relating to the use or occupation of a building;

"design standard"—see Part 5 Division 2 Subdivision 4;

"development" means—

            (a)         a change in the use of land; or

            (b)         building work; or

            (c)         the division of an allotment; or

            (d)         the construction or alteration (except by the Crown, a council or other public authority (but so as not to derogate from the operation of paragraph (e))) of a road, street or thoroughfare on land (including excavation or other preliminary or associated work); or

            (e)         in relation to a State heritage place—the demolition, removal, conversion, alteration or painting of, or addition to, the place, or any other work that could materially affect the heritage value of the place; or

            (f)         in relation to a local heritage place—any work (including painting) that could materially affect the heritage value of the place (including, in the case of a tree, any tree-damaging activity) specified by the Planning and Design Code for the purposes of this paragraph (whether in relation to local heritage places generally or in relation to the particular local heritage place); or

            (g)         the external painting of a building within an area specified by the Planning and Design Code for the purposes of this paragraph; or

            (h)         in relation to a regulated tree—any tree-damaging activity; or

                  (i)         the creation of fortifications; or

            (j)         prescribed mining operations on land; or

            (k)         prescribed earthworks (to the extent that any such work or activity is not within the ambit of a preceding paragraph); or

            (l)         an act or activity in relation to land declared by or under the regulations to constitute development,

(including development on or under water) but does not include an act or activity that is declared by or under the regulations not to constitute development for the purposes of this Act;

"development authorisation" means any assessment, decision, permission, consent, approval, authorisation or certificate required—

            (a)         by or under this Act; or

            (b)         by or under any other Act prescribed by the regulations for the purposes of this definition;

"division" of an allotment means—

            (a)         the division, subdivision or resubdivision of the allotment (including by community plan under the Community Titles Act 1996 and by strata plan under the Strata Titles Act 1988 ); or

            (b)         the alteration of the boundaries of an allotment; or

            (c)         the conferral or exercise of a present right to occupy part only of an allotment under a lease or licence, or an agreement for a lease or licence, the term of which exceeds 6 years or such longer term as may be prescribed, or in respect of which a right or option of renewal or extension exists so that the lease, licence or agreement may operate by virtue of renewal or extension for a total period exceeding 6 years or such longer period as may be prescribed, but does not include a lease, licence or agreement of a class excluded from the ambit of this paragraph by the regulations; or

            (d)         the grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, of a class prescribed by the regulations,

and "to divide" has a corresponding meaning;

"document" means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"EIS"—see subsection (4);

"Environment Protection Authority" means the Environment Protection Authority established under the Environment Protection Act 1993 ;

"ERD Committee" means the Environment, Resources and Development Committee of the Parliament;

"ESCOSA" means the Essential Services Commission established under the Essential Services Commission Act 2002 ;

"essential infrastructure" means—

            (a)         infrastructure, equipment, structures, works and other facilities used in or in connection with—

                  (i)         the generation of electricity or other forms of energy; or

                  (ii)         the distribution or supply of electricity, gas or other forms of energy; and

            (b)         water infrastructure or sewerage infrastructure within the meaning of the Water Industry Act 2012 ; and

            (c)         transport networks or facilities (including roads, railways, busways, tramways, ports, wharfs, jetties, airports and freight-handling facilities); and

            (d)         causeways, bridges or culverts; and

            (e)         embankments, walls, channels, drains, drainage holes or other forms of works or earthworks; and

            (f)         testing or monitoring equipment; and

            (g)         coast protection works or facilities associated with sand replenishment; and

            (h)         communications networks; and

                  (i)         health, education or community facilities; and

            (j)         police, justice or emergency services facilities; and

            (k)         other infrastructure, equipment, buildings, structures, works or facilities brought within the ambit of this definition by the regulations;

"fire authority" means the South Australian Metropolitan Fire Service or the South Australian Country Fire Service;

"fortification" has the same meaning as in Part 16 of the Summary Offences Act 1953 ;

"Greater Adelaide" means Greater Adelaide constituted under section 5;

"joint planning board" means a joint planning board constituted under a planning agreement;

"land" means, according to context—

            (a)         land as a physical entity, including land covered with water and including any building on, or fixture to, the land; or

            (b)         any legal estate or interest in, or right in respect of, land;

"LGA" means the Local Government Association of South Australia;

"liability" includes a contingent liability;

"local government rate" means a rate imposed under the Local Government Act 1999 ;

"local heritage place" means a place that is designated as a place of local heritage by the Planning and Design Code;

"locality" includes a road, street or thoroughfare;

"Mining Act" means—

            (a)         the Mining Act 1971 ; or

            (b)         the Offshore Minerals Act 2000 ; or

            (c)         the Opal Mining Act 1995 ; or

            (d)         the Petroleum and Geothermal Energy Act 2000 ; or

            (e)         the Petroleum (Submerged Lands) Act 1982 ;

"mining production tenement" means a lease or licence granted under a Mining Act that is brought within the ambit of this definition by the regulations;

"owner" of land means—

            (a)         if the land is unalienated from the Crown—the Crown; or

            (b)         if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or

            (c)         if the land is held from the Crown by lease or licence—the lessee or licensee; or

            (d)         if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;

"party wall" means a wall built to separate 2 or more buildings or a wall forming part of a building and built on the dividing line between adjoining premises for their common use and includes a common wall for the purposes of the Building Code;

"Planning and Design Code"—see Part 5 Division 2 Subdivision 3;

"Planning and Development Fund" means the Planning and Development Fund continued in existence under this Act;

"planning agreement" means an agreement under Part 3 Division 3;

"planning consent" means a consent granted under section 102(1)(a);

"planning region" means a planning region constituted under section 5;

"Planning Rules" means—

            (a)         the Planning and Design Code; and

            (b)         the design standards that apply under Part 5 Division 2 Subdivision 4; and

            (c)         any other instrument prescribed by the regulations for the purposes of this definition;

"practice direction" means a practice direction issued by the Commission under, or in accordance with, section 42;

"practice guideline" means a practice guideline issued by the Commission under, or in accordance with, section 43;

"precinct authority" means a precinct authority under Part 2B of the Urban Renewal Act 1995 ;

"prescribed mining operations" means operations carried on in the course of—

            (a)         the recovery of naturally occurring substances (except water) from the earth (whether in solid, liquid or gaseous form);

            (b)         the recovery of minerals by the evaporation of water,

but does not include operations carried on in pursuance of any of the Mining Acts;

"public notice" means notice that complies with regulations made for the purposes of this definition;

"public place" includes a street, road, square, reserve, lane, footway, court, alley and thoroughfare which the public are allowed to use (whether formed on private property or not), any public watercourse, and any foreshore;

"public realm" means—

            (a)         parks and other public places; and

            (b)         streetscapes;

"railway" includes—

            (a)         a tramway; and

            (b)         track structures;

"regional plan"—see Part 5 Division 2 Subdivision 2;

"Registrar-General" includes the Registrar-General of Deeds;

"regulated tree" means—

            (a)         a tree, or a tree within a class of trees, declared to be regulated by the regulations (whether or not the tree also constitutes a significant tree under the regulations); or

            (b)         a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations);

"relevant authority"—see section 82;

"repealed Act" means the Development Act 1993 ;

"right" includes a right of action;

"SA planning database"—see Part 4 Division 2;

"SA planning portal"—see Part 4 Division 2;

"significant tree" means—

            (a)         a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations); or

            (b)         a tree declared to be a regulated tree by the regulations, or a tree within a class of trees declared to be regulated trees by the regulations that, by virtue of the application of prescribed criteria, is to be taken to be a significant tree for the purposes of this Act;

"South Australian Heritage Council" means the South Australian Heritage Council constituted under the Heritage Places Act 1993 ;

"special legislative scheme"—see section 11;

"spouse"—a person is a spouse of another if they are legally married;

"the State" includes any part of the sea—

            (a)         that is within the limits of the State; or

            (b)         that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

"State heritage place" means—

            (a)         a place entered, either on a provisional or permanent basis, in the State Heritage Register; or

            (b)         a place within an area established as a State Heritage Area under the Heritage Places Act 1993 ;

"statutory instrument" means—

            (a)         a state planning policy; or

            (b)         a regional plan; or

            (c)         the Planning and Design Code; or

            (d)         a design standard; or

            (e)         a practice direction, guideline, standard or specification published by the Commission under this Act; or

            (f)         any other instrument prescribed by the regulations for the purposes of this definition;

"structure" includes a fence or wall;

"swimming pool" means an excavation or structure that is capable of being filled with water and is used primarily for swimming, wading, paddling or the like and includes a bathing or wading pool or spa pool (but not a spa bath);

"swimming pool safety features" means a fence, barrier or other structure or equipment prescribed by the regulations for the purposes of this definition;

"tree-damaging activity" means—

            (a)         the killing or destruction of a tree; or

            (b)         the removal of a tree; or

            (c)         the severing of branches, limbs, stems or trunk of a tree; or

            (d)         the ringbarking, topping or lopping of a tree; or

            (e)         any other substantial damage to a tree,

and includes any other act or activity that causes any of the foregoing to occur but does not include maintenance pruning that is not likely to affect adversely the general health and appearance of a tree or that is excluded by regulation from the ambit of this definition;

"to undertake development" means to commence or proceed with development or to cause, suffer or permit development to be commenced or to proceed.

        (2)         For the purposes of this Act, any plant that is commonly known as a "palm" will be taken to be a tree.

        (3)         For the purposes of this Act, a stand of trees is a group of trees that form a relatively coherent group by virtue of being the same or a similar species, size, age and structure.

        (4)         A reference in this Act to an EIS is a reference to an environmental impact statement, being a document that includes a detailed description and analysis of a wide range of issues relevant to a development or project and incorporates significant information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed.

        (5)         If at the foot of a section or subsection the words "Additional penalty" appear, those words signify that a person who undertakes development in contravention of, and thus commits an offence against, that section or subsection is liable, in addition to any other penalty prescribed for the offence, to a penalty of an amount not exceeding the cost of the development insofar as it has been undertaken in contravention of that section or subsection.

        (6)         If at the foot of a section or subsection the words "Default penalty" appear, those words signify that, where a person is convicted of an offence against the section or subsection and the offence continues after the date of the conviction, the person is guilty of a further offence against the section or subsection and liable, in addition to any other penalty prescribed for the offence, to a penalty not exceeding the amount of the default penalty for every day the offence continues after the date of the conviction.

        (7)         For the purposes of this Act, a person is an associate of another person if—

            (a)         the other person is a relative of the person or of the person's spouse or domestic partner; or

            (b)         the other person—

                  (i)         is a body corporate; and

                  (ii)         the person or a relative of the person or of the person's spouse or domestic partner has, or 2 or more such persons together have, a relevant interest or relevant interests in shares of the body corporate the nominal value of which is not less than 10% of the nominal value of the issued share capital of the body corporate; or

            (c)         the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in paragraph (b) is a beneficiary; or

            (d)         the person is an associate of the other person within the meaning of the regulations.