The Crown Development and Essential Infrastructure assessment pathways under Sections 130-131 of the Planning, Development and Infrastructure Act 2016 (PDI Act) provide a dedicated assessment process for state agency development and essential infrastructure proposals, where the Minister for Planning is the decision maker.
This includes:
- state agency developments under s.131
- “essential infrastructure” undertaken by a state agency (in conjunction with a private entity) under s.131
- “essential infrastructure” sponsored by a state agency under s.131
- “essential infrastructure” as prescribed for the purposes of s.130.
Lodgement
Applications for Crown and Essential Infrastructure applications are made through the PlanSA Development Application Processing (DAP) system.
Development applications are lodged with the State Planning Commission (the Commission) who, through their delegate the State Commission Assessment Panel (SCAP), assess the application and provide advice to the Minister.
Planning and Land Use Services (PLUS) within the Department for Housing and Urban Development undertakes all referral, public notification and assessment processing requirements under the PDI Act, including the invoicing and collection of any development fees.
Crown and Essential Infrastructure applications that were submitted prior to 10 November 2023 are being processed within previous systems. Requests to vary or extend previously approved development applications should be sent by email to spcapplications@sa.gov.au.
Fees
Crown (state agency and Crown sponsored) and essential infrastructure development proposals will attract both lodgement and assessment fees. Additional fees will also apply in respect to proposals involving tree damaging activities, extensions of time, variation processes and public notification (advertising fee), the details of which will be confirmed by PLUS following lodgement of an application.
Public notification
All applications with a development cost exceeding $10 million will require public notification for a minimum period of 15 business days, at which point submissions can be made to the SCAP.
A member of the public can have their say about Crown developments that are notified.
Council and agency referrals
The applicable local council and relevant state agencies will be given notice of the application and invited to provide comment on the application. The timeframe to comment is 4 weeks and 6 weeks respectively.
The applicant may be requested to provide a response to the council and state agency comments, in order to address or resolve outstanding issues.
Exemptions
In certain cases, a development— whole or part—may not require formal approval due to exemptions within the Regulations. These exemptions generally relate to minor works. Please refer to Schedules 3, 4, 4A, 5 and 13 of the Planning, Development and Infrastructure (General) Regulations 2017.
Introduction of the Hydrogen and Renewable Energy Act 2023
On 11 July 2024, the Hydrogen and Renewable Energy Act 2023 was commenced, such that any new hydrogen and renewable energy facility development with a nameplate capacity of 5MW or over must be lodged and considered under the new Act.
A fact sheet (PDF, 197 KB) has been prepared that outlines the interaction of the new Act with previous renewable energy facility decisions made or assessments already underway under the planning system, including where variations and extensions of time are then sought by developers. Renewable energy developments under 5MW continue to be assessed under the PDI Act.
Assessment process steps
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State agency, essential infrastructure or Crown sponsorship
To undertake a Crown development (state agency or Crown sponsored), or where a development has been prescribed for the purposes of essential infrastructure under regulation 104A, a development application must be lodged with the State Planning Commission (the Commission) by the relevant state agency or prescribed body, for assessment in accordance with section 131 or section 130 of the PDI Act and Regulation 107(1) and 104A(1) of the PDI General Regulations 2017.
The following forms are required to be completed and emailed to spcapplications@sa.gov.au:
- Crown development application form - this form will include a description of the proposed development, applicant details, location of the site and an estimated development cost
- essential Infrastructure application form - this form will include a description of the proposed development, applicant details, location of the site and an estimated development cost
- electricity infrastructure declaration form
- native vegetation declaration form.
The application form should identify a contact person, an invoice entity and address for fee payment purposes.
Where a private sector developer is sponsored for the purposes of essential infrastructure, or a state agency proposes to undertake development in a partnership or joint venture for a similar purpose, the application must be prepared and lodged by the state agency in accordance with the requirements of the PDI Act. For essential infrastructure of a prescribed nature, these applications can be lodged directly with the Commission.
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Council and agency referrals
The local council and relevant state agencies will be given notice of the application and invited to provide comment on the application. The timeframe to comment is 4 weeks and 6 weeks respectively.
The applicant may be requested to provide a response to the council and state agency comments, in order to address or resolve outstanding issues.
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Public notification – minimum 15 business days
Crown development and essential infrastructure applications exceeding $10 million in value require public notification for a minimum period of 15 business days. This includes a notice in a newspaper, publication on the PlanSA portal and a sign on the land (if required).
Members of the public are invited to make a written representation during the notification period and can request to provide a verbal submission to the State Commission Assessment Panel (SCAP).
All written representations are provided to the applicant for their consideration and may inform the assessment of the application.
Further information on notification can be found in Practice Direction 13 – Notification of Crown Development Applications.
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Assessment
Following the completion of the referral and notification steps, and if no further information is required from the applicant, a Planning Assessment Report is prepared by a DTI-PLUS planning officer for the consideration of the SCAP (note straightforward applications may be considered under delegation). The SCAP provides advice to the Minister for Planning on the proposal.
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SCAP hearing
Where a representor wishes to be heard by the Panel or where significant planning issues or concerns are raised by a council or referral body , SCAP will convene to consider the application and provide advice to the Minister.
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Minister for Planning for decision
The Minister for Planning is the decision maker for all Crown development and essential infrastructure applications.
The Minister may approve all or part of a development and impose conditions or refuse the proposal. There is no appeal right against the Minister’s decision.
