News

We regularly publish updates providing information about recent developments in law or policy relevant to our clients and professionals in related fields. If you would like to subscribe to our updates, please click here and let us know your name and contact details.

Development Plan Amendments

Development Plans are planning policy documents that guide the assessment of development throughout South Australia. They are regularly updated through a formal Development Plan Amendment (DPA) process prescribed by the Development Act. The DPA process can be initiated by either the Minister for Planning or the council of the area to be affected by the […]

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Councils obliged to accept decisions of private certifiers – Cairo v Norwood, Payneham & St Peters [2018] SAERDC 11

The ERD Court has ruled that councils are obliged under the Development Act to accept planning consents and building rules consents issued by private certifiers.   Mr Cairo obtained development plan consent from a private certifier for existing works that were, in the opinion of the certifier, Residential Code complying alterations to two semi-detached dwellings. […]

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New Guidelines for Clearing Native Vegetation

The Native Vegetation Council has adopted new policies and guidelines and is consulting on further guidelines as part of the recent changes to the Native Vegetation Regulations 2017 which came into effect on 1 July.   New offsetting policy and guidelines   The NVC has produced a new policy about and new guidelines for calculating […]

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Council joined to appeal of DAC decision – Barrio Developments Pty Ltd v Development Assessment Commission [2017] SAERDC 21

In a recent decision the Environment, Resources and Development Court has joined a Council to an appeal by a developer against a decision of the Development Assessment Commission.   In Barrio Developments Pty Ltd v Development Assessment Commission, the Appellant (Barrio) was appealing the decision of the Commission to refuse consent to its proposal for a staged […]

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Boundary realignment or additional allotment? – Fiora v Development Assessment Commission

The Full Court of the Supreme Court has considered the nature of development in a proposed land division in the recent case of Fiora v Development Assessment Commission [2017] SASCFC 52.   The appellant applied for development plan consent for a proposed reconfiguration of eight allotments in a Watershed (Primary Production) Zone at Verdun.   The application […]

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Conquering the Realm of Uncertainty: Amendments to Res Code and private planning certification laws

The decision in Mundy[1] highlighted substantial uncertainty in the Development Regulations 2008 about the interpretation of the residential code (Res Code) provisions and the related role and powers of private planning certifiers.   Following Mundy, the State Government has introduced the Development (Residential Code) Variation Regulations 2016 (the Variations) which were gazetted on 8 December 2016 and came into operation on the […]

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Review of SA’s Mining Laws

The State Government has released the first of three Discussion Papers on South Australia’s mining laws.   Discussion Paper 1 relates to the Mines and Works Inspections Act 1920 and Regulations. Three options are proposed in the Discussion Paper: Repealing the Act and Regulations and incorporating relevant sections into other legislation, such as the Mining Act and Work Health and Safety Act. (The […]

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State Government response to the Anderson Review of the Liquor Licensing Act

The State Government has released its draft Liquor Licensing (Liquor Review) Amendment Bill for consultation, in response to the recent Anderson Review. The changes proposed include streamlining liquor licensing applications, removing trading restrictions on Sundays and Public Holidays, increasing penalties for the sale of alcohol to minors and mandating a three hour trading break between 3 am […]

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Aboriginal Heritage Act – draft Regulations and Guidelines for public consultation

Recent amendments to the Aboriginal Heritage Act, which make various decision-making processes under the Act more inclusive of Aboriginal people, have prompted changes to the associated Regulations and six new Guidelines.   The draft Regulations specify: what is required for an application to register as a Recognised Aboriginal Representative Body (RARB) what information must be contained […]

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