Major development is now dealt with as impact assessed development under the Planning, Development and Infrastructure Act 2016 (SA).

Under section 108(1)(c) of the Planning, Development and Infrastructure Act 2016 (SA), the Minister for Planning can declare certain development as impact assessed development. The Minister must notify the relevant council, within which the proposed development is situated, before making the declaration [s 108(3)]. The declaration must be published in the Government Gazette and on the SA Planning Portal [s 108(2)(a)].

For the purposes of section 111(2)(a) of the Planning, Development and Infrastructure Act 2016 (SA), a relevant authority must ensure that all relevant documentation (including the application and any accompanying documentation or information lodged by the applicant with the relevant authority under Part 7 Division 4 of the Act) is available to the Minister via the SA Planning Portal within 5 business days after the notice is published on the SA Planning Portal [Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 68].

Section 111 of the Planning, Development and Infrastructure Act 2016 (SA) outlines procedural matters that must be followed for impact assessed development (not being restricted development) by the Minister.

Environment Impact Statement (EIS)

The State Planning Commission (SPC) will determine the level of detail required in relation to an Environmental Impact Statement (EIS) after taking into account [see Planning, Development and Infrastructure Act 2016 (SA) s 112]:

Section 113 of the Planning, Development and Infrastructure Act 2016 (SA) outlines the process where an EIS must be prepared for a proposed development. The EIS is prepared by either the applicant or the Minister (after consultation with the applicant first) [s 113(2)]. The EIS must be prepared in accordance with the relevant State Planning Commission practice direction [s 113(3)].

The EIS must include [s 113(4)]:

After an EIS has been prepared, the Minister [Planning, Development and Infrastructure Act 2016 (SA) s 113(5)]:

for comment and report within 30 business days from the date of referral [Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 71].

Copies of the EIS must be available for public inspection and purchase for a period of time, and public notice must be given of their availability [Planning, Development and Infrastructure Act 2016 (SA) s 113(5)(b)(i)]. The EIS must be published on the SA Planning Portal [s 113(5)(b)(ii)], and the Minister must invite interested persons to make written submissions within a prescribed time frame [Planning, Development and Infrastructure Act 2016 (SA) s 113(5)(b)(i)].

The Minister also has discretion to direct an applicant to undertake other consultation in relation to the EIS. Alternatively, the Minister may undertake further consultation regarding the EIS if the Minister thinks fit [s 113(6)].

The Minister must provide copies of all submissions to the applicant within a specified period of time [s 113(7)].

The applicant must then prepare a written response to any matters raised by a Minister, and any authority or body specified by the Minister, as well as respond to all submissions provided to the applicant. The applicant must provide a copy of the response to the Minister [s 113(8)].

The State Planning Commission (SPC) must then prepare an assessment report that includes:

The SPC must notify any person who made a written submission (within specified time frame) of the availability of the assessment report. The SPC is also required by public notice, to give notice of the place or places at which copies of the assessment report are available for inspection and purchase. A copy of the assessment report must be published on the SA Planning Portal [s 113(10)].

If a proposed development to which an EIS relates will be situated wholly or partly within the area of a council, the SPC must give a copy of the EIS, the applicant's response, and the assessment report to the council [s 113(12)].

There are limited circumstances when an EIS and relevant assessment report can be amended [s 114(1), (2)]. An amendment may include the addition, variation, substitution or deletion of material [s 114(4)]. If an EIS or assessment report is amended, the SPC must publish these on the SA planning portal [s 114(3)].

Minister's Decision

Once a decision has been made by the Minister, there is no right of appeal by any party against that decision [s 115(10)]. The Minister’s decision will only be subject to judicial review, but not merits review.