Updates to Practice Direction 14

Site contamination assessment in the South Australian planning system is guided by processes and policies provided for in the Planning and Design Code (Code), the Planning, Development and Infrastructure (General) Regulations 2017 (PDI Regulations) and Practice Direction 14 – ‘Site Contamination Assessment’ (PD14).

The State Planning Commission (Commission) has recently amended PD14 pursuant to section 42(1) of the Planning, Development and Infrastructure Act 2016 (SA) (PDI Act). The revised PD14 (version 5) came into operation on 31 October 2025.

These amendments primarily consist of:

1. Changes to the Land Use Sensitivity Hierarchy and associated interpretive provisions; and
2. Changes to the ‘guidance’ provisions around the appropriate use of reserved matters.

PD14 version 5 is available to read here.

Land Use Sensitivity Hierarchy

By way of background, a change of land use is linked to the concept of site contamination as a defined term under the Environment Protection Act 1993 (EP Act), where a person who brings about a change of use is taken to have caused site contamination under section 103D(2) of the EP Act.

The ’Land Use Sensitivity Hierarchy’ contained under Table 1 of clause 5 (Table 1) of PD14 attempts to codify, for the sake of assessment under the PDI Act, the general classes of use that may bring about a ‘change of use’ for the purposes of the EP Act. Where a change of use is to a more sensitive use, understood against the hierarchy under Table 1, the development application should be supported by site contamination documents prescribed under Schedule 8 clause 2A of the PDI Regulations.

Where PD14 previously assigned seven (7) land use categories under Table 1, this has now been condensed into four (4) land use categories. The list of ‘classes of development’ within each category has also been expanded.

The effect is that there are now broader classes of use that will fall within the same category under Table 1, thereby limiting the acts and activities that constitute a change to a more sensitive use.

As a result of these amendments to Table 1, consequential changes have been made to the interpretive provisions under clause 5.

Use of Reserved Matters

The amended PD14 now includes a specific clause (clause 15) containing guidance around the use of reserved matters under section 102(3)(a) of the PDI Act in relation to site contamination assessment.

Previously, this had formed part of clause 11 of PD14 (‘Guidance associated with referral to EPA’), but it has now been expanded upon.

The new clause 15 effectively provides and clarifies that:

• reserved matters are only to be used for matters not fundamental to the nature of the development;
• in circumstances where the referral body (EPA) would have a power of direction under section 122 of the Act, the relevant authority cannot determine to grant planning consent without having referred the application to the EPA;
• in order to grant planning consent supported by a reserved matter regarding site contamination, the relevant authority should be satisfied that the development site is “suitable for its intended use, or can be made so, in a way which will be acceptable in planning terms, without changing the nature of the relevant development” (clause 15(3)); and
• for sites where there is a low likelihood of site contamination impacting on a proposed development involving a more sensitive land use, the relevant authority may determine that the issue of site contamination if “not fundamental to the nature of the relevant development and can be a reserved matter” and “[i]n making such a decision the relevant authority may rely on a preliminary site investigation report provided by the applicant” (clause 15(4)).

Summary

These amendments to PD14 may result in consequential changes to the assessment of change of use applications where site contamination is suspected or becomes a relevant consideration. We encourage relevant authorities and councils to treat such matters carefully and seek specific advice in the event of ambiguity.

For more specific information on any of the material contained in this article please contact Peter Psaltis on +61 8 8210 1297 or ppsaltis@normans.com.au, Nicholas Munday on +61 8 8217 1381 or nmunday@normans.com.au, or Teri Hopkins on +61 8 8217 1308 or thopkins@normans.com.au.