News

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Council joined to appeal of DAC decision – Barrio Developments Pty Ltd v Development Assessment Commission [2017] SAERDC 21

In a recent decision the Environment, Resources and Development Court has joined a Council to an appeal by a developer against a decision of the Development Assessment Commission.   In Barrio Developments Pty Ltd v Development Assessment Commission, the Appellant (Barrio) was appealing the decision of the Commission to refuse consent to its proposal for a staged […]

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Boundary realignment or additional allotment? – Fiora v Development Assessment Commission

The Full Court of the Supreme Court has considered the nature of development in a proposed land division in the recent case of Fiora v Development Assessment Commission [2017] SASCFC 52.   The appellant applied for development plan consent for a proposed reconfiguration of eight allotments in a Watershed (Primary Production) Zone at Verdun.   The application […]

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

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 […]

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Review of SA’s Mining Laws

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 […]

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

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 […]

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Development Plan Amendments

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 […]

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Aboriginal Heritage Act – draft Regulations and Guidelines for public consultation

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 […]

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Capital City Policy Review DPA

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 […]

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Review of Pharmacy Remuneration and Regulation

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 […]

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Tom Game appointed as principal

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 […]

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