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 (SA) s 122 and Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 41 and Schedule 9].

The regulations set out that some specific applications for consent or approval of a proposed development must be referred for consultation by the relevant authority to a referral agency. The referral agency is an authority or body that is recognised as having specific interests in the proposed development. A referral agency can ask the applicant for more documents or information when considering the application [s 122(4)].

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 [Planning, Development and Infrastructure Act 2016 (SA) s 122(5)].

The direction given to relevant authorities by referral agencies can be the subject of an appeal. In matters where the application has been refused, the referral agency is the respondent to the appeal and the relevant authority may be joined as party [s 122(7)]. In matters where a condition has been imposed, both the referral agency and relevant authority are respondents to the appeal [s 122(8)]. However there is no appeal allowed against a refusal of an application or conditions imposed as directed by the Technical Regulator for electricity infrastructure [Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 44].