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Development by State Agencies

Crown Development

Where a state agency (a widely defined term which includes Government departments) proposes to undertake development, the normal development assessment scheme referred to above does not generally apply and a special 'Crown Development' procedure is activated [Planning, Development and Infrastructure Act 2016 (SA) s 131; Planning, Development and Infrastructure (General) Regulations 2017 (SA) Part 12 and Schedule 13].The relevant state agency can still determine to proceed with the assessment and approval under the general assessment scheme if they choose to [Planning, Development and Infrastructure Act 2016 (SA) s 131(3)].

Examples of the types of development covered by this section include:

  • the infrastructure, equipment, structures, works and other facilities used in or in connection with the supply of water or electricity, gas or other forms of energy, or the drainage or treatment of waste water or sewage
  • roads and their supporting structures and works
  • ports, wharfs, jetties, railways, tramways and bus ways
  • schools, hospitals and prisons
  • all other facilities that have traditionally been provided by the State (but not necessarily only by the State) as community or public facilities.

All Crown Development applications must be lodged with the State Commission Assessment Panel (SCAP) for assessment. The SCAP will then prepare a report to the Minister who decides whether to approve or refuse the application. The Minister may also impose conditions or approve all or part of a development. There is no right of appeal against the Minister’s decision.

If a State agency proposes to undertake development in a partnership or joint venture (other than for the provision of public infrastructure) with a person or body that is not a State agency, then the application must be made and assessed in the same manner as a private sector application [see s 131(1)].

Section 131 of the Act does not apply to apply to any development within the Adelaide Park lands (except for minor works of a prescribed kind, or a prescribed part of the Institutional District of Adelaide). The South Australian Housing Trust is also excluded from the definition of State agency [Planning, Development and Infrastructure (General) Regulations 2017 (SA), r 105].

Further information about how major development projects are assessed is available on the PlanSA - Major projects website (opens new window).

Development by State Agencies  :  Last Revised: Tue Mar 16th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.