News

We regularly publish updates providing information about recent developments in law or policy relevant to our clients and professionals in related fields. If you would like to subscribe to our updates, please click here and let us know your name and contact details.

Thompson v City of West Torrens & Ors [2017] SAERDC 5

17 February, 201715 June, 2017

A recent decision of the Environment, Resources and Development Court has highlighted the need for development applications to be made in the name of a real person or legal entity. ‘In Property Design’ (a registered business name), lodged a development application with the City of West Torrens. The Council refused the application and a […]

ERD Court hands down decision in Paior v Marion third party appeal

24 January, 201715 June, 2017

A Full Bench of the ERD Court has made its ruling in the third party appeal of Paior v Marion & Fleetwood, quashing a retrospective planning consent issued by the Council. The decision is the latest chapter in a long running dispute about a two-storey dwelling and other works constructed in 2013 in the face of […]

Conquering the Realm of Uncertainty: Amendments to Res Code and private planning certification laws

8 December, 201616 June, 2017

The decision in Mundy[1] highlighted substantial uncertainty in the Development Regulations 2008 about the interpretation of the residential code (Res Code) provisions and the related role and powers of private planning certifiers. Following Mundy, the State Government has introduced the Development (Residential Code) Variation Regulations 2016 (the Variations) which were gazetted on 8 December 2016 and came into operation on the […]

Review of SA’s Mining Laws

22 November, 201620 June, 2017

The State Government has released the first of three Discussion Papers on South Australia’s mining laws. Discussion Paper 1 relates to the Mines and Works Inspections Act 1920 and Regulations. Three options are proposed in the Discussion Paper: Repealing the Act and Regulations and incorporating relevant sections into other legislation, such as the Mining Act and Work Health and Safety Act. (The […]

State Government response to the Anderson Review of the Liquor Licensing Act

22 November, 201620 June, 2017

The State Government has released its draft Liquor Licensing (Liquor Review) Amendment Bill for consultation, in response to the recent Anderson Review. The changes proposed include streamlining liquor licensing applications, removing trading restrictions on Sundays and Public Holidays, increasing penalties for the sale of alcohol to minors and mandating a three hour trading break between 3 am […]

Development Plan Amendments

14 January, 20212 February, 2021

Development Plans are planning policy documents that guide the assessment of development throughout South Australia. They are regularly updated through a formal Development Plan Amendment (DPA) process prescribed by the Development Act. The DPA process can be initiated by either the Minister for Planning or the council of the area to be affected by the […]

Aboriginal Heritage Act – draft Regulations and Guidelines for public consultation

14 November, 201620 June, 2017

Recent amendments to the Aboriginal Heritage Act, which make various decision-making processes under the Act more inclusive of Aboriginal people, have prompted changes to the associated Regulations and six new Guidelines. The draft Regulations specify: what is required for an application to register as a Recognised Aboriginal Representative Body (RARB) what information must be contained […]

SA Housing Trust Affordable Housing Determination

21 October, 201620 June, 2017

The Minister for Housing and Urban Development recently issued a new Determination setting the price cap for “affordable housing”. Importantly, the Minister’s recent Determination has increased these price thresholds as follows: (click to enlarge table) In addition there are criteria which can increase the price by up to 15% under the “Including […]

Capital City Policy Review DPA

9 September, 201620 June, 2017

The Planning Minister has initiated a Development Plan Amendment to review the development plan policies within the city square mile (Capital City Zone, City Frame Zone, Main Street (Adelaide) Zone and East Terrace Policy Area 29 and South Terrace Policy Area 30 of the City Living Zone). The proposed policies include some more […]

Review of Pharmacy Remuneration and Regulation

3 August, 201620 June, 2017

The federal Department of Health is currently undertaking a Review of Pharmacy Remuneration and Regulation. The independent Review Panel is chaired by a Commissioner of the Productivity Commission, Professor Stephen King, and its final report is due in March 2017. The Review’s comprehensive Terms of Reference include the existing regulatory regime and the […]

Tom Game appointed as principal

11 July, 201620 June, 2017

Botten Levinson is pleased to announce that Tom Game has been appointed as a principal of the firm, joining existing principals Jamie Botten, James Levinson and George Manos. With 10 years experience in development, property and environment law, Tom has established himself as a leader in the field, with extensive skills and capabilities across […]

Supreme Court ruling on validity of Land Management Agreement

23 March, 201620 June, 2017

The Full Court of the Supreme Court considered a range of issues about Land Management Agreements (LMA) in the recent case of Zweck v Town of Gawler [2015] SASCFC 172. A landowner had applied to the Council for development approval for land division. The Council refused to assess the application due to a clause […]

Supreme Court ruling on when a garage can be part of a dwelling

23 March, 201620 June, 2017

Some older cases suggest that a carport or garage is not part of a ‘dwelling’ under the Development Act. This case rejects that approach. Two successive development applications were lodged to establish three dwellings in one building which appeared to fit the definition of “row dwellings”. The buildings also included garages/carports integrated under the […]

EPA Board appointments

21 March, 201619 March, 2018

The Governor recently appointed former Environment, Resources and Development Court Judge Christine Trenorden as a member of the Environment Protection Authority Board. The Board is the governing body of the Authority and must consist of seven – eight members with expertise and experience relevant to: environment protection and natural resource management industry, commerce or […]

Time to commence ERD Court review proceedings – Hoff v City of Mitcham

16 February, 201619 March, 2018

The Full Court of the South Australian Supreme Court recently delivered its decision in Hoff v City of Mitcham and Ors [2016] SASCFC 3. The Supreme Court was asked to decide whether the time limit in the Development Act 1993 for taking review proceedings to challenge development pursuant to section 86(1)(f) of the Act, […]

SA Government releases Liquor licensing discussion paper

9 November, 201520 June, 2017

The Attorney-General’s Department has released a discussion paper inviting public submissions on liquor licensing laws in South Australia, after almost 20 years since the last comprehensive review in this area. The discussion paper suggests a wide range of possible reforms to liquor licensing and notes that the proposed planning reforms (in the recent Planning, […]

EPA releases draft EP (Air Quality) Policy 2016 for consultation

28 October, 201520 June, 2017

The EPA has released a draft Environment Protection (Air Quality) Policy 2016 for public consultation and invited public submissions. The draft Policy is intended to replace the existing Environment Protection (Air Quality) Policy 1994. The EPA will hold public consultation forums about the draft Policy during November 2015 at seven locations in rural […]

Terra Group Pty Ltd v PAE and Bunnings Group Ltd – “seriously at variance” decisions can be reviewed in ERD Court review proceedings

17 August, 201520 June, 2017

The Environment, Resources and Development Court recently handed down its judgment in Terra Group Pty Ltd v City of Port Adelaide Enfield & Anor [2015] SAERDC 26. The case can be accessed here: http://www.austlii.edu.au/au/cases/sa/SAERDC/2015/26.html. The proceedings concerned an application for Court review, taken under section 86(1)(f) of the Development Act. The applicant, Terra […]

The existing non-complying development principle – when is Mercedes displaced?

15 March, 201520 June, 2017

The ERD Court has just delivered a most important decision on the operation of the existing non-complying development principle – also known as the Mercedes College principle. The principle holds that in the absence of an express provision to the contrary in a Development Plan, developments which seek to continue an existing non-complying use […]

Recent amendments to Development Regulations 2008

14 March, 201520 June, 2017

Two changes to the Development Regulations 2008 were made on 12 February 2015 which should streamline some approval processes for variations to approvals and residential land division. Minor variations don’t need new applications New regulation 47A now allows a relevant authority to approve variations to an existing development authorisation (including the variation of […]