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The Relevant Authority

Under the new Planning, Development and Infrastructure Act 2016 (SA), a number of ‘relevant authorities’ will be able to make decisions about development applications. These ‘relevant authorities’ include:

  • The Minister for Planning
  • The State Planning Commission
  • an assessment panel (includes a Council Assessment Panel, Joint Assessment Panel, Local Assessment Panel etc.)
  • an assessment manager
  • as accredited professional
  • local Councils

See 'Planning and Development – Assessment Authorities'.

State Planning Commission

The State Planning Commission is a special statutory body responsible for certain types of development or development in certain areas. The SPC is also the relevant authority if a local council is itself the developer or has a conflict of interest over the development. The Planning, Development and Infrastructure Act 2016 (SA) and Planning, Development and Infrastructure (General) Regulations 2017 (SA) set out the different circumstances in which the SPC or local council is responsible for a particular development. Examples of situations where the SPC would be the relevant authority are:

  • most developments undertaken by the SA Housing Trust and the Urban Land Trust
  • development connected with the construction or operation of a railway
  • mining operations (excluding construction or excavation of borrow pits)
  • where the development is restricted development under the Planning and Design Code
  • some classes of development within the Adelaide Park Lands
  • developments within the City of Adelaide area that will exceed $10 million in cost.

Where the State Planning Commission is the relevant authority and the proposal involves building work, the SPC can refer the building aspects of the assessment to the council or a private certifier [Planning, Development and Infrastructure Act 2016 (SA) s 99(d)].

The Relevant Authority  :  Last Revised: Mon Mar 15th 2021
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.