Often a local council or the DAC must seek the views of agencies such as the Environment Protection Authority (EPA), Commissioner of Highways or Coast Protection Board before making its decision [Development Act 1993 (SA) s 37(1)(b) and Schedule 8, Development Regulations 2008 (SA)]. A referral agency can ask the applicant for more documents or information before considering the application.
In some cases, these referral bodies have an effective right of veto over the development by being able to direct a refusal of the application or by insisting on strict conditions. In others cases, the referral body can only suggest the appropriate decision or conditions to which the relevant authority must 'have regard'.
The directions given to relevant authorities by referral bodies can be the subject of an appeal, however appeals are not allowed over directions given by the Commissioner of Highways (effectively Transport SA) in relation to developments on or near main roads [Development Act 1993 (SA) s 37(5)(b), r 31 and Schedule 8 Development Regulations 2008 (SA)].
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