Major development is now dealt with as impact assessed development under the Planning, Development and Infrastructure Act 2016 (SA). As with any other planning consent under Part 7 Division 2 of the Act, building consent will be required under Part 7 Division 3 of the Act.

Under section 108(1)(c) the Minister can declare certain development as impact assessed development. This declaration must be published in the Gazette, and on the SA Planning Portal. The declaration made by the Minister may be made in relation to a specific development, a kind of development (either in SA generally, or in a specified part of SA) or development generally within a specified part of SA. The Minister may vary or revoke a declaration by a further notice published in the Gazette and SA Planning Portal.

For the purposes of section 111(2)(a) of the Act, a relevant authority must ensure that all relevant documentation (including the application and any accompanying documentation or information lodged by the applicant with the relevant authority under Part 7 Division 4 of the Act) is available to the Minister via the SA Planning Portal within 5 business days after the notice is published on the SA planning portal [Planning, Development and Infrastructure (General) Regulations 2017 (SA) r 68].

Section 111 of the Act outlines procedural matters that must be followed for impact assessed development (not being restricted development) by the Minister.

Environment Impact Statement (EIS)

The State Planning Commission will determine the level of detail required in relation to an Environmental Impact Statement (EIS) after taking into account:

For the purposes of section 112 of the Act, the Commission must invite the applicant to express any view on the level of detail required in the EIS. The applicant has at least 20 business days to respond to that invitation [Planning, Development and Infrastructure (General) Regulations 2017 (SA) r 70].

Section 113 of the Act outlines the process where an Environmental Impact Statement must be prepared for a proposed development. The EIS is prepared by either the applicant or the Minister (after consultation with the applicant first). The EIS must be prepared in accordance with the relevant State Planning Commission practice direction.

The Environmental Impact Statement (EIS) must include:

After an EIS has been prepared, the Minister:

for comment and report within the time prescribed by the regulations [see Planning Development and Infrastructure Act 2016 (SA) s 113(5)].

Copies of EIS must be available for public inspection for a period of time, and public notice must be given of the availability of copies of the EIS. The EIS must be published on the SA Planning Portal, and the Minister must invite interested persons to make written submissions within prescribed time frame (as determined by practice direction [Planning, Development and Infrastructure Act 2016 (SA) s 113(5)(b)].

The Minister also has discretion to direct an applicant to undertake other consultation in relation to the EIS. Alternatively, the Minister may undertake further consultation regarding the EIS if the Minister thinks fit.

The Minister must provide copies of all submissions to the applicant within a specified period of time.

The applicant must then prepare a written response to any matters raised by a Minister, and any authority or body specified by the Minister, as well as respond to all submissions provided to the applicant. The applicant must provide a copy of the response to the Minister [s 113(8) Planning, Development and Infrastructure Act 2016 (SA)].

The State Planning Commission must then prepare an assessment report that includes:

[ s 113(9)].

The State Planning Commission must notify any person who made a written submission (within specified time frame) of the availability of the Assessment Report. The State Planning Commission is also required by public notice, to give notice of the place or places at which copies of the Assessment Report are available for inspection and purchase. A copy of the Assessment Report must be published on the SA planning portal.

Copies of the EIS, the applicant's response, and the Assessment Report must be made available for inspection and purchase at a place determined by the Commission for a period determined by the Commission.

If a proposed development to which an EIS relates will be situated wholly or partly within the area of a council, the State Planning Commission must give a copy of the EIS, the applicant's response, and the Assessment Report to the council.

There are limited circumstances when an EIS and relevant assessment report can be amended [see s 114 of the Planning, Development and Infrastructure Act 2016 (SA)]. An amendment may include the addition, variation, substitution or deletion of material. If an EIS or Assessment Report is amended, the State Planning Commission must give notice of the place or places where the amended documents are available for inspection and purchase.

Minister's Decision

Once a decision has been made by the Minister, there is no right of appeal by any party against that decision.The Minister’s decision will only be subject to judicial review, but not merits review.