Although the majority of the “development” components of the proposed export facility will be located within the Port Augusta City Council area (i.e. land side), some minor works associated with the wharf area, notably the installation of mooring piles to facilitate barge docking, will be located within “State controlled Waters” (i.e. the marine side).
The transitional provisions associated with the Planning Development and Infrastructure Act (2016) and the Planning and Design Code mean the whole development is to be assessed as if it were covered by the Code.
However, given the Code does not yet apply to the land side portion of the site, the current policy contained in the relevant Development Plan will be used as a guide for development assessment purposes. A development plan is a statutory policy document which guides the type of development that can occur within a council area. These development plans are used to assess development applications.
There are elements of the project that do not fall within the definition of “development” and as a result, will not be assessed as part of the land use assessment process. These non-development activities are managed and controlled by other legislation through licences, permits and agreements. These include: