The relevant authority for making development decisions will be either the local council in whose area the development is proposed to be carried out or the Development Assessment Commission (DAC). The DAC is a special statutory body responsible for certain types of development or development in certain areas. The DAC is also the relevant authority if a local council is itself the developer or has a conflict of interest over the development. In the vast majority of cases the relevant authority will be the local council. The Development Act 1993 (SA) and Development Regulations 2008 (SA) set out the different circumstances in which the DAC or local council is responsible for a particular development, (see Regulations – Schedule 10). Examples of situations where the DAC would be the relevant authority are:
- most developments undertaken by the Housing Trust and the Urban Land Trust
- some land division applications
- marine aquaculture
- construction of buildings (other than dwellings) in much of the Hills Face Zone
- new shopping developments where the gross leasable area of the shop will exceed 2000 sq.m
Where the DAC is the relevant authority and the proposal involves building work the DAC can refer the building aspects of the assessment to the council or a private certifier [Development Act 1993 (SA) ss 34(2)(c) or (d)].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.