Introduction
In South Australia planning and development are regulated by
the Development Act 1993 and the Development Regulations
1993. The Environment Protection Act 1993 has links
with the planning and development legislation to help in furthering
its charter to protect South Australia's environment.
The Environment Protection Authority
(EPA) has responsibilities under the Environment Protection Act
to ensure that measures are taken to protect, restore and enhance
the quality of the environment. It also has formal responsibilities
under the Development Act and the Development Regulations in applying
these principles of ecologically sustainable development.
Planning Strategy
The planning system in South Australia is underpinned by the
Planning Strategy, which specifies State Government policy for
private and public development. The Planning Strategy is not a
statutory document (other than for declared major developments
or projects) but a guiding framework for policy in area-specific
council development plans.
The EPA is involved in developing appropriate environmental policy
for inclusion in the Planning Strategy.
Visit the Planning SA web site for more detailed information
on the Planning
Strategy.
Development Plans and Plan Amendment Reports
 Development
plans
Development plans are the statutory documents against which development
applications are assessed by the relevant planning authority—either
a local council or the Development Assessment Commission. Development
plans must be based on policy in the Planning Strategy.
Visit Planning SA for a web-based guide to Development
Plans.
Plan amendment reports
Plan amendment reports (PARs) are the statutory documents used
for creating or amending planning policy within development plans
The EPA's role
The EPA assists with the development of policies for integration
into development plans, and provides comment on proposed changes
to development plans through PARs to ensure that all development
is assessed against appropriate environmental policy.
Development Applications—the EPA's role
In accordance with Section 37 of the Development Act and Regulation
24 of the Development Regulations (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 outlines the circumstances
under which referral is required, the time allocated for 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. The
planning authority is required to have regard
to EPA advice. When development is within both the River
Murray Water Protection Area and a 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 refuse an application
or to impose conditions.
(b) Activities specified in Schedule 21 of the Development Regulations:
the EPA is required to provide a response within four weeks,
which the planning authority must have regard
to.
- Activities of major environmental significance (specified
in Schedule 22 of the Development Regulations)
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 to refuse an application or to impose conditions.
Conditions
Any conditions applied to a development approval are important
as they are legally binding—that is, 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, 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) by telephone: (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 SA web site—see
below). It is important to include in your application all
information requested in the relevant guide.
Visit the Planning SA web site to access Guides
for Applicants.
Major Developments and Projects
Under the Development Act, the Minister for Development and Urban
Planning may declare a proposal to be a 'major development' or
'project' if it is considered to be of major environmental, social
or economic importance.
Where a project declared to be of major environmental, social
and economic importance includes one or more activities of major
environmental significance as prescribed in Schedule 1 of the
EP Act, then the project Environment Impact Statements Public
Environment Reports or Development Reports (as the case may be)
must be referred to the EPA for assessment and comments.
The Environment Protection Authority is also responsible for
coordinating the Environment and Conservation Portfolio's comments
on major developments or projects. The Environment and Conservation
portfolio consists of the Environment Protection Authority, the
Department of Water, Land and Biodiversity Conservation, the Department
for Environment and Heritage, and Zero Waste.
Resources
Planning organisations
 Planning
SA
The major State Government organisation managing planning and
development in South Australia. The web site is a portal to many
on-line planning resources.
Planners
Web
Cyburbia
Development
Act and Regulations
This page was last modified 08-01-2008
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