Under the Development Act 1993 (SA) the definition of "development" includes the demolition, removal, conversion, alteration or painting of, or addition to, a State heritage place or any other work that could materially affect the heritage value of the place. Such development requires authorisation but must be first be referred to the Minister for Sustainability, Environment and Conservation, who must respond to the proposal within two months. In practice, referrals are to the Heritage section of the South Australian Department for Environment and Water.
Before granting approval the relevant planning authority (see LOCAL GOVERNMENT AND PLANNING) must consider the Minister's response. If the planning authority is a council it must also obtain the Development Assessment Commission's agreement if it proposes not to totally adopt the Minister's recommendation. If the Commission does not grant approval the applicant may appeal to the Environment Resources and Development Court. If the Commission fails to respond within six weeks, the council's decision will prevail. A planning authority must advertise a proposal affecting a heritage place and if it is a Category 2 or 3 development (see LOCAL GOVERNMENT AND PLANNING) a person is then entitled to make representations regarding the proposal and in the case of Category 3 proposals may appeal to the court if aggrieved by the planning authority's decision.
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