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In accordance with section 37 of the Development Act 1993 and regulation 24 of the Development Regulations 2008 (Part 5), planning authorities are required to refer certain types of development applications to other agencies, known as 'prescribed bodies', for specialist advice. The EPA is one of these prescribed bodies.
EPA referrals
Schedule 8 of the Development Regulations 2008 outlines the circumstances under which referral is required, the time allocated for the response, and the nature of advice to be provided.
- Activities of environmental significance
(a) Non-complying development in the Mount Lofty Ranges Water Protection Area or the River Murray Water Protection Area: the EPA is required to provide a response within six weeks.
(b) Activities specified in Schedule 21 of the Development Regulations 2008: the EPA is required to provide a response within four weeks.
When a development under (a) or (b) falls within the River Murray Protection Area under the River Murray Protection Act 2003, the EPA may direct the planning authority, including direction to refuse an application. The planning authority must comply with any EPA direction to impose certain conditions or to refuse an application. In any other case (ie when the development does not fall within the River Murray Protection Area) the EPA may provide advice for the planning authority's regard. - Activities of major environmental significance (specified in Schedule 22 of the Development Regulations 2008)
The EPA is required to provide a response within six weeks. The EPA may direct the planning authority, including direction to refuse an application. The planning authority must comply with any EPA direction impose certain conditions or to refuse an application.
Conditions
Any conditions applied to a development approval are important as they are legally binding. This means that they provide statutory force to the prescribed environmental protection measures.
Assistance in lodging a development application
If you want to undertake any development that requires approval under the Development Act 1993, your application may need to be referred by the planning authority (in most cases your local council or the Development Assessment Commission) to the EPA for assessment. The planning department of your local council will be able to advise whether this is the case.
If you want to discuss your application with the EPA before lodging it with the planning authority (all applications must be lodged with the planning authority in the first instance), or if you would like an update on the progress of an application that has been referred to the EPA, please contact the Client Services Officer (Planning) on tel: (08) 8204 9075 or fax: (08) 8124 4673.
Guides for applicants
If a referral to the EPA is required, you should obtain a copy of the relevant Guide for Applicants from your local planning authority (also available on the Planning in South Australia website).
It is important to include in your application all information requested in the relevant guide.
Last modified: 25/01/2011 12:02 pm
