South Australian Numbered Regulations

DEVELOPMENT (BUSHFIRE RECOVERY) VARIATION REGULATIONS 2020 (NO 23 OF 2020) - REG 5

5—Variation of Schedule 4—Complying development

        (1)         Schedule 4, Part 1—after clause 4 insert:

5—Temporary accommodation in area affected by bushfire

The construction or placement of a building or structure on land on which a dwelling, or part of a dwelling, has been destroyed or significantly damaged by a bushfire if—

            (a)         the building or structure is to be used as accommodation by the owner of the land; and

            (b)         the building or structure is a minimum of 20 metres from any remaining or regenerating cluster of vegetation (whether that vegetation is on the land or on adjoining land); and

            (c)         the owner of the land complies with any requirements of the South Australian Country Fire Service relating to the maintenance of a clearance area between the temporary accommodation and any remaining or regenerating cluster of vegetation; and

            (d)         the building or structure is to be used as accommodation—

                  (i)         until 1 January 2022; or

                  (ii)         until a Class 1a building on the land is able to be occupied in accordance with regulation 83A,

whichever occurs first.

        (2)         Schedule 4, Part 2—after clause 17 insert:

18         The construction or placement of a building or structure on land on which a dwelling, or part of a dwelling, has been destroyed or significantly damaged by a bushfire if—

            (a)         the building or structure is to be used as accommodation by the owner of the land; and

            (b)         the building or structure is a minimum of 20 metres from any remaining or regenerating cluster of vegetation (whether that vegetation is on the land or on adjoining land); and

            (c)         the owner of the land complies with any requirements of the South Australian Country Fire Service relating to the maintenance of a clearance area between the temporary accommodation and any remaining or regenerating cluster of vegetation; and

            (d)         the building or structure is to be used as accommodation—

                  (i)         until 1 January 2022; or

                  (ii)         until a Class 1a building on the land is able to be occupied in accordance with regulation 83A,

whichever occurs first; and

            (e)         the building or structure complies with the following requirements:

                  (i)         the requirements in—

                        (A)         the relevant clauses of Part 2.1 of the Housing Provisions of the National Construction Code; and

                        (B)         clause P2.2.2 of the Housing Provisions of the National Construction Code; and

                        (C)         clause P2.4.3 of the Housing Provisions of the National Construction Code;

                  (ii)         —

                        (A)         if the site is connected to mains water—the land on which the building or structure is constructed or placed has a 2 000 litre dedicated fire fighting water supply with a tap; or

                        (B)         if the site is not connected to mains water—the land on which the building or structure is constructed or placed has a 5 000 litre dedicated fire fighting water supply with a tap;

                  (iii)         waste water is disposed of through, or connected to, an approved wastewater system, SA Water sewer or council community wastewater system;

                  (iv)         all smoke alarms required under clause P2.3.2 of the Housing Provisions of the National Construction Code are installed and tested;

                  (v)         the building or structure is fitted with a fire extinguisher.