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Published in Gazette 11.12.2008 p
5446
DEVELOPMENT ACT 1993: SECTION
48
Decision by the
Governor
Preamble
1. On 8 February 2007 the Minister for Urban
Development and Planning gave notice in the Government Gazette that he
was of the opinion that it was appropriate for the proper assessment of
development of major environmental, social or economic importance that section
46 of the Development Act 1993 applied to any development of a kind
listed in Schedule 1 of that notice in the parts of the State listed in Schedule
2 of that notice.
2. A proposal from the South Australian National
Football League (hereafter ‘the proponent’) to install new lighting
at AAMI Stadium at West Lakes, was the subject of a development application
lodged on 16 November 2007.
3. In accordance with the declaration referred to in
paragraph 1 of this Preamble, the application has been under consideration under
Division 2 of Part 4 of the Development Act 1993. The proposal has been
the subject of a Development Report and an Assessment Report under sections 46
and 46D of the Development Act 1993, and is hereafter referred to as the
‘proposed Major Development’.
4. I am satisfied that an appropriate Development
Report and an Assessment Report have been prepared in relation to the proposed
Major Development, in accordance with sections 46 and 46D, Division 2 of Part 4
of the Development Act 1993, and have had regard, when considering the
proposed Major Development, to all relevant matters under section 48 (5) of the
Development Act 1993.
5. I have decided to grant provisional development
authorisation to the proposed Major Development under section 48 (6) of the
Development Act 1993, whilst reserving the decision on specified matters
until further assessment of the proposed development.
6. Contemporaneously with the issuing of this Notice,
I intend, pursuant to section 48 (8) of the Development Act 1993 to
delegate to the Minister for Urban Development and Planning:
(a) the power to assess the reserve matters and to
issue a final development authorisation for the purposes of section 48 (2)
(b) (i) of the Act;
(b) the power to grant or permit any variation
associated with that provisional development authorisation (provided that the
essential nature of the development is not changed); and
(c) in relation to that provisional development
authorisation, or any variation—the power to vary or revoke conditions, or
to attach new conditions, under section 48 (7) of the Development Act 1993
(provided that the essential nature of the development is not
changed).
Decision
PURSUANT to section 48 of the Development Act 1993
and with the advice and consent of the Executive Council, and having due regard
to the matters set out in section 48 (5) and all other relevant matters,
I:
(a) grant a provisional development authorisation in
relation to the proposed Major Development under section 48 (6) subject to the
conditions set out in Part B below;
(b) pursuant to section 48 (6) reserve my decision
on the reserved matters specified in Part A below;
(c) specify all matters relating to this provisional
development authorisation as matters in respect of which conditions of this
authorisation may be varied or revoked, or new conditions attached;
and
(d) specify for the purposes of section 48 (11) (b)
the period of two years from the date of this provisional development
authorisation as the time within which substantial work must be commenced on
site, failing which I may cancel this authorisation.
PART A: RESERVED MATTERS
The following are the matters I have reserved for further
assessment:
(a) Compliance with the Building Rules in relation
to all aspects of the proposed Major Development.
(b) Detailed designs, drawings (including
elevations), and engineering specifications for the lighting towers (including
headframes).
(c) Construction Environmental Management Plan and
Monitoring Plan to cover the pre-construction phases to address management
issues during construction.
PART B: CONDITIONS OF PROVISIONAL DEVELOPMENT
AUTHORISATION
1. The development authorisation granted hereunder is
provisional only, does not operate as a final development authorisation, and
does not therefore authorise implementation of the proposed Major Development.
Only an authorisation granted under section 48 (2) (b) (i) can operate to
authorise implementation of the proposed Major Development, which authorisation
will only be granted after the reserved matters have been assessed and
approved.
1a. Except where minor amendments may be required by
other legislation, or by conditions imposed herein, the proposed Major
Development shall be undertaken in strict accordance with the following
documents:
• Development application by the SANFL dated 16
November 2007 (except to the extent that it may be varied by a subsequent
document in this paragraph).
• Development Report, New Lighting System for AAMI
Stadium, West Lakes, by the SANFL dated March 2008 (except to the extent that it
may be varied by a subsequent document in this paragraph).
• Response to Submissions, New Lighting System for
AAMI Stadium, West Lakes, by the SANFL dated May 2008 (except to the extent that
it may be varied by a subsequent document in this paragraph).
• Assessment Report prepared by the Minister for
Urban Development and Planning dated November 2008.
2. All works and site activities shall be undertaken
in accordance with an approved Construction Environmental Management and
Monitoring Plan.
3. Normal operating hours for construction activities
and truck movements to and from the site shall be from 7 a.m. to
7 p.m., Monday to Saturday, inclusive. Only if it is considered necessary
by the proponent shall construction be undertaken on Sundays, in which case
construction hours shall be from 9 a.m. to 6 p.m.
4. The Environment Protection (Noise) Policy
2007 shall be complied with during construction activities and truck
movements.
5. Any hazardous substances (e.g. fuels, compressed
gases, solvents, paints, asbestos, polychlorinated biphenyls (PCB’s) and
other construction-related substances), shall be removed and disposed of in
accordance with Environment Protection Authority requirements.
6. The proponent shall address the reserved matters
and submit relevant documentation to the Minister for Urban Development and
Planning for its approval.
PART C: NOTES TO PROPONENT
1. In respect of the reserved matters, the following
is advised to the proponent:
(a) Detailed Designs, Drawings (including
elevations), and Engineering Specifications for the Lighting Towers (including
headframes)
Appropriately detailed designs, drawings (including
elevations) and specifications for the abovementioned should be provided to
enable their proper assessment.
A certificate from a registered engineer (certifying the
soundness of the designs) shall accompany these designs on their submission to
the Development Assessment Commission for approval.
(b) Building Rules
The proponent must obtain a Building Rules assessment and
certification from either the Charles Sturt Council or a private certifier (at
the proponent’s option) and forward to the Development Assessment
Commission all relevant certification documents as outlined in Regulation 64 of
the Development Regulations 2008.
Pursuant to Development Regulation 64, the proponent is
especially advised that the Charles Sturt Council or private certifier
conducting a Building Rules assessment must:
• provide to the Minister for Urban Development and
Planning a certification in the form set out in Schedule 12A of the Development
Regulations 2008, in relation to the building works in question;
and
• to the extent that may be relevant and
appropriate:
(i) issue a Schedule of Essential Safety Provisions under
Division 4 of Part 12; and
(ii) assign a classification of the building under these
regulations; and
(iii) ensure that the appropriate levy has been paid under
the Construction Industry Training Fund 1993.
Regulation 64 of the Development Regulations 2008
provides further information about the type and quantity of all Building Rules
certification documentation for Major Developments required for referral to the
Minister for Urban Development and Planning. The Charles Sturt Council or
private certifier undertaking Building Rules assessments must ensure that the
assessment and certification are consistent with this provisional development
authorisation (including its Conditions and Notes).
(c) A Construction, Environmental Management and
Monitoring Plan covering Pre-construction and Construction
Phases
A Construction Environmental Management and Monitoring
Plan (CEMMP) covering both pre-construction and construction phases shall be
prepared in consultation with the Environment Protection Authority, before its
submission to the Development Assessment Commission for
approval.
The proponent’s Construction Environmental
Management and Monitoring Plan (CEMMP), should be prepared taking into
consideration, and with explicit reference to, relevant Environment Protection
Authority policies and guideline documents, including the Environment
Protection (Noise) Policy 2007.
2. The proponent is advised of the General
Environmental Duty under section 25 of the Environment Protection Act
1993, which requires that a person must not undertake any activity, which
pollutes, or may pollute, without taking all reasonable and practical measures
to prevent or minimise harm to the environment.
3. The applicant is advised that noise emissions from
the new lighting system will be subject to the Environment Protection (Noise)
Policy 2007 and the Environment Protection Act 1993.
4. The applicant is advised that the Development
Act 1993 outlines the roles and responsibilities of the applicant and the
City of Charles Sturt Council for matters relating to building works during and
after construction of the new lighting system.
5. Please note that any previous conditions still
apply unless superceded by this decision.
6. The Minister has a specific power to require
testing, monitoring and auditing under section 48C of the Development Act
1993.
7. Should the proponent wish to vary the Major
Development or any of the components of the Major Development, an application
may be submitted, provided that the development application variation remains
within the ambit of the Development Report and Assessment Report referred to in
this provisional development authorisation. If an application for variation
involves substantial changes to the proposal, it will be processed pursuant to
section 47 (2) (b) of the Development Act 1993.
Given under my hand at Adelaide, 11 December
2008.
KEVIN SCARCE, Governor
[Published in the Gazette on 11 December 2008 at page 5446]