South Australian Current Acts South Australian Current Acts4—Change of use of land
(1) For the purpose of
determining whether a change in the use of land has occurred, the commencement
or revival of a particular use of the land will, subject to this section, be
regarded as a change in the use of the land if—
(a) the
use supersedes a previous use of the land; or
(b) the
commencement of the use or the revival of the use follows on from a period of
non-use; or
(c) the
use is additional to a previously established use of the land which continues
despite the commencement of the new use; or
(d)
there is an increase in the intensity of the use of the land which is
prescribed by the Planning and Design Code as constituting a material increase
in use for the purposes of this paragraph.
(2) The revival of a
use of land after a period of discontinuance will be regarded as the
continuation of an existing use unless (subject to subsection (3))—
(a) the
period intervening between the discontinuance and revival of the use exceeds
12 months; or
(b)
during the whole or a part of the period intervening between its
discontinuance and revival, the use was superseded by some other use.
(3) The revival of a
use of land after a period of discontinuance will also be regarded as the
continuance of an existing use—
(a) if
the revival of the use is allowed under a principle specified by the
Planning and Design Code for the purposes of this subsection; or
(b) in
circumstances prescribed by the regulations.
(4) The resumption of
an activity carried out on land (or, if there is more than 1 activity that has
been carried out, the most significant activity) after a period of cessation
of the activity will also be regarded as a change in the use of land if—
(a) the
activity, on its resumption, would be inconsistent with a zoning policy that
applies in relation to the area where the land is located; and
(b) the
period intervening between the cessation and the resumption exceeds—
(i)
12 months; or
(ii)
such longer period (not exceeding 5 years) allowed
by the Planning and Design Code in the relevant case.
(5)
Subsection (4) does not apply in circumstances prescribed by the
regulations.
(6) A change of use
within a use class specified in the Planning and Design Code will not be
regarded as a change in the use of land under this Act.
(7) A change of use
specified in the Planning and Design Code as a minor change of use will not be
regarded as a change in the use of land under this Act.
(8) Without limiting a
preceding subsection, a particular use of land will be disregarded if the
extent of the use is trifling or insignificant.