Recent regulation changes

The Planning, Development and Infrastructure (General) Regulations 2017 (the Regulations) were amended on Thursday 11 September as follows:

Data centres

Amendments have been made to prescribe that data centres can now be approved through the essential infrastructure pathway under section 130 of the PDI Act. The amendments also specify that for applications for data centres that are not Crown assessed (under section 130 or 131 of the PDI Act), the State Commission Assessment Panel is the relevant authority.

In addition, applications for data centres are now required to be submitted with:

• advice from SA Water that there is sufficient water supply to meet the requirements of the data centre
• a certificate from the Technical Regulator confirming that it complies with their requirements relating to the reliability, security and stability of the state’s power system.

Wastewater treatment plants

The amendment regulations now prescribe that wastewater treatment plants can be lodged and assessed under the section 130 of the PDI Act as essential infrastructure. This change provides another assessment pathway for essential infrastructure needed to deliver greenfield housing developments under the government’s Housing Roadmap.

Aged care facilities

The Regulations now prescribe that aged care facilities (defined in in new regulation 3DA to include supported accommodation for older people and a retirement village that is co-located with an aged care facility) can now be applied for as essential infrastructure under section 131 of the PDI Act.

SA Water tree damaging activity

The regulations have also been amended to prescribe that tree damaging undertaken by, or with the written authority of SA Water is exempt from requiring approval under section 131 of the PDI Act (as per new clause 2(1)(w) of Schedule 13 of the Regulations).