Crown and Essential Infrastructure Development

Where a State agency (a widely defined term which includes Government departments) proposes to undertake development, the normal development assessment scheme 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)(b)].

Examples of Crown and essential infrastructure development 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 [s 131(14)] who decides whether to approve or refuse the development [s 131(19)]. The Minister may also impose conditions or approve all or part of a development [s 131(20)]. There is no right of appeal against the Minister’s decision [s 131(26)].

If a State agency proposes to undertake development in a partnership or joint venture (other than for the provision of essential 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(2)].

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) [s 131(27)].

The South Australian Housing Trust is also expressly excluded from the definition of State agency [Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 105].

Further information about how Crown developments are assessed is available on the PlanSA webpage.