News

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Major reforms to the Liquor Licensing Act passed by Parliament

16 November, 201716 November, 2017

Both Houses of Parliament have now passed the Liquor Licensing (Liquor Review) Amendment Bill 2017. The changes were mainly based on the review conducted by former Supreme Court Justice Tim Anderson QC, which were released last year. These amendments have two focusses; tougher laws in regards to the supply of alcohol to minors and […]

The Role of Valuers in Compulsory Acquisition Cases

18 October, 201719 October, 2017

Valuers are usually retained by a dispossessed owner or by the dispossessed owner’s lawyer early in the compulsory acquisition process. In fact, valuers very often become involved before the formal process has even commenced, when acquiring authorities approach the owners or occupiers of ‘targeted’ properties with a view to purchasing those properties outside the statutory […]

New Guidelines for Clearing Native Vegetation

25 July, 2017

The Native Vegetation Council has adopted new policies and guidelines and is consulting on further guidelines as part of the recent changes to the Native Vegetation Regulations 2017 which came into effect on 1 July. New offsetting policy and guidelines The NVC has produced a new policy about and new guidelines for calculating […]

Native Vegetation Regulations 2017 – 1 July 2017

30 June, 20177 July, 2017

On 1 July 2017, the Native Vegetation Regulations 2003 are revoked and the new Native Vegetation Regulations 2017 commence. Major changes to the regulations include the adoption of a mitigation hierarchy as the guiding principle for all clearance activities, and the creation of four separate approval pathways for vegetation clearance. The bulk of the […]

Compulsory Acquisition – when can you and when can’t you claim?

23 June, 201723 September, 2021

Public works often disrupt and inconvenience nearby landowners and occupants. While most would be aware they can claim compensation if public works or purposes involve the compulsory acquisition of part or all of their land, there are less obvious scenarios where rights to compensation are ‘grey’ rather than black or white. Under the SA Land […]

Student accommodation developments in South Australia – City of Marion v WC Projects Pty Ltd

22 June, 2017

The Supreme Court in City of Marion v WC Projects Pty Ltd has recently overturned a decision of a Commissioner of the ERD Court to grant development plan consent for a student accommodation facility. It is the first time that a higher Court has considered the nature of “student accommodation” use in South Australia. […]

The updated 30 Year Plan for Greater Adelaide and related matters: trams, walkable neighbourhoods and the “Missing Middle”

6 June, 201715 June, 2017

The updated 30 Year Plan The State Government recently released an update to the 30 Year Plan for Greater Adelaide (the Update). First published in 2010, the Plan is a volume of the SA Planning Strategy and must be reviewed every 5 years under the Development Act. Despite the period of transition ahead as […]

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

2 June, 201715 June, 2017

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 […]

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

26 May, 201715 June, 2017

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 […]

The power to lapse development applications – Maddern v Norwood, Payneham and St Peters

19 May, 201715 June, 2017

In the first case of its kind, the ERD Court has reviewed and overturned a decision by a council to lapse a live development application. Regulation 22(2) of the Development Regulations 2008 enables a relevant authority to lapse a development application if two years have passed since it was lodged. The case of Maddern & Anor […]

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 […]