Referrals to other authorities or agencies

Often the local council or State Planning Commission must seek the views of other agencies such as the Environment Protection Authority (EPA), or Commissioner of Highways or Coast Protection Board, before making its decision [Planning, Development and Infrastructure Act 2016 s 122 and Regulation 41 and Schedule 9, Planning, Development and Infrastructure (General) Regulations 2017].

The regulations set out that some specific applications for development consent must be referred for consultation by the relevant authority to a referral agency. The referral agency is an authority or body who is recognised as having specific interests in the development. A referral agency can ask the applicant for more documents or information before considering the application.

In some cases, these referral agencies have an effective right of veto over the development by being able to direct the relevant authority to refuse the application or by insisting on strict conditions that the relevant authority must comply with [see s 122(5), Planning, Development and Infrastructure Act 2016 (SA)].

The direction given to relevant authorities by referral agencies can be the subject of an appeal. In these matters both the referral agency and relevant authority are respondents to the appeal [s 122(8) Planning, Development and Infrastructure Act 2016 (SA)]. However there is no appeal allowed against a refusal or direction issued by the Technical Regulator for electricity infrastructure [reg 44, Planning, Development and Infrastructure (General) Regulations 2017]