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:

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).