Update: Planning, Development and Infrastructure (General) (Miscellaneous) Amendment Regulations 2025

The Planning, Development and Infrastructure (General) (Miscellaneous) Amendment Regulations 2025 (SA) (Amendment Regulations) came into force on 5 November 2025 and are available to read here (at page 4350).

The Amendment Regulations introduce several key changes to the Planning, Development and Infrastructure (General) Regulations 2017 (PDI Regulations).

The total amendments are varied and numerous. This article addresses several of the most consequential changes regarding:

• regulated and significant trees;
• accredited professionals;
• assessment time periods; and
• the relevant authority for variations to existing development authorisations.

Please contact us for any information related to other changes not addressed in this article.

Regulation 3F – Regulated and Significant Trees and Tree damaging activity

Pursuant to section 3(1) of the Planning, Development and Infrastructure Act 2016 (SA) (PDI Act), tree damaging activity in relation to a regulated or significant tree is a form of development requiring approval. Regulated and significant trees are defined pursuant to PDI Regulation 3F(1) and (2), subject to a number of exclusions.

Two of the existing exclusions from the definitions of regulated or significant trees and tree damaging activity are now modified by the Amendment Regulations, being:

Proximity to pools

Regulation 3F(4)(a) now provides that the declared classes of trees under regulation 3F(1) and (2) will not apply to a tree located:

within 3 m of an existing dwelling or an existing in-ground swimming pool, provided that the tree is on the same allotment as the dwelling or pool, other than a tree within 1 of the following species (or genus) of trees

(amendments in bold)

Therefore, a tree is excluded from the definition of regulated tree or significant tree if located within 3 metres of an existing dwelling or in-ground pool that is on the same allotment as the tree. The result of this amendment is that any dwellings or swimming pools on adjacent allotments are no longer relevant for determining whether the exclusion applies.

As such, if there is a tree within 3 metres of an existing dwelling on a neighbouring allotment, but the tree itself is not within 3 metres of a dwelling on the same allotment where it is growing, the tree will now be included within the definition of regulated or significant tree.

Pruning

Pruning of regulated or significant trees that meets the requirements specified in Regulation 3F(6), including which that does not remove more than 30% of the crown of the tree, is excluded from the definition of tree damaging activity contained in section 3(1) of the PDI Act

The Amendment Regulations now introduce that:

(i) in the case of a tree on land owned by, or under the care, control and management of, a council—undertaken by or on behalf of the council at any time; or

(ii) in any other case—undertaken at least 5 years after pruning of a kind referred to in this subregulation was last undertaken in relation to the tree

(amendments in bold)

The effect of this amendment is to expressly permit a council to undertake 30 % crown maintenance pruning of its own regulated or significant trees at any time without it constituting a form of tree damaging activity.

Regulation 22 – prescribed scheme

Regulation 22 has been amended to extend the ability for an accredited professional, namely a surveyor, to act as the relevant authority for the purposes of issuing land division consents under the Planning, Development and Infrastructure Act 2016 (PDI Act):

under section 102(1)(c) or (d) of the Act in relation to development that is constituted solely by the division of 1 or more allotments and that may be assessed as deemed-to-satisfy development under section 106 of the Act, other than where there are 1 or more minor variations under section 106(2) of the Act or where it is necessary in connection with the division for land to be vested in another entity or a public road to be created.

(amendments in bold)

Previously, an accredited professional–surveyor was only able to issue planning consent under section 102(1)(a) of the PDI Act, and not land division consents under sections 102(1)(c) or 102(1)(d), for deemed-to-satisfy divisions. The amendment now entitles a surveyor to act exclusively as the relevant authority for assessment of the applicable consents for such divisions.

Regulation 25 – accredited professionals

Regulation 25(2) has been deleted and substituted as follows:

For the purposes of section 97 of the Act, and subject to these regulations, an Accredited professional—building level 1 may act as a relevant authority for the purposes of giving building consent in relation to any class of development.

The effect is that the ability for an accredited professional – building level 1 to act as a relevant authority for planning consent has been removed, and now been amended to apply to building consent only.

Regulation 53(1)(ba) and 53(4a) – time within which decision must be made

By insertion of new regulation 53(1)(ba), the assessment periods applying to land division consents under sections 102(1)(c) and 102(1)(d) of the PDI Act have been modified as follows:

if the application proposes to divide land under section 102(1)(c) or (d) of the Act and—

• the proposed development involves the division of land into 10 allotments or less; and
• does not involve the creation of a public road,

30 business days;

The effect of the amendment is to reduce the assessment period applying to “simple” land divisions to half of that which previously applied. In any other case, however, the assessment of land division consents will be afforded the standard 60 business days.

Additionally, pursuant to the newly introduced regulation 53(4a), if a development application is verified under regulation 31 in a period that is less than the number of days prescribed under regulation 31 (5 business days), then an additional period of the remaining days prescribed for verification must be added to the period specified under regulation 53(1). However, if a relevant authority exceeds the number of days prescribed for verification, then the period equivalent to the days by which the verification period has been exceeded will be subtracted from the period specified under regulation 53(1). The effect is that applications that exceed the 5 business day verification period will be afforded less time for assessment under regulation 53, which may be particularly consequential in the case of applications where the assessment panel is the relevant authority.

Regulation 65 – Variation of Development Authorisation

Regulation 65 provides that if a person requests a variation or variations to a development authorisation previously granted, and the relevant authority is satisfied that the variation sought is minor in nature, the variation may be approved without being treated as a new application.

The introduction of regulations 65(1a) provides that if the variation:

(a) relates to planning consent previously given by an accredited professional in respect of development within the area of a council; and
(b) is requested after final development approval has been granted,

(Our emphasis)

then the relevant authority will be the assessment manager for the relevant council area, and not the accredited professional.

Regulation 116A – Access to documents

The Amendment Regulations introduce a new regulation 116A that expressly provides a right for owners of land to inspect documents accompanying development applications for that land.

As such, under regulation 116A(1), an “owner of land” may:

…inspect at the office of the council for the area in which the land is situated, or obtain from the council a copy of, any plans, drawings, specifications or other documents or information retained on the SA planning portal in relation to an application for a development authorisation under section 102 of the Act in respect of development on the land.

(Our emphasis).

However, pursuant to regulation 116A(2), a council is not required to make available the information and documents referred to in sub-regulation (1) when to do so would:

(a) in the opinion of the council, unreasonably jeopardise the present or future security of a building; or

(b) involve an infringement of copyright in matter contained in a document; or

(c) constitute a breach of any other law.

A council is also not permitted to charge a fee for the inspection of documents or information under regulation 116A, however may charge ‘a reasonable fee’ for providing copies of documents or information, unless the Minister sets a fee under regulation. If the Minister does not set a fee by fee notice, the Council may charge a reasonable fee.

For more specific information on any of the material contained in this article or otherwise arising from the Amendment Regulations please contact Gavin Leydon on +61 8 8210 1225 or gleydon@normans.com.au, Nicholas Munday on +61 8 8217 1381 or nmunday@normans.com.au, or Cayleigh Stock on +61 8 8210 1294 or cstock@normans.com.au.