“Act” means the Planning, Development and Infrastructure Act 2016 (SA), as amended from time to time
“Regulations”, “Proclamations” and “Notices” means Regulations, Proclamations or Notices made, issued or published under the Planning, Development and Infrastructure Act 2016 (SA), as amended from time to time
“BPoint” means the “the e-Planning system” Internet payment facility
“Business Day” means any day that is not a Saturday or Sunday or a public holiday in Adelaide
“the e-Planning system” means the electronic lodgement of development applications under the Act
“Fee” means the fee payable by you in respect of the lodgement of your development application
“SAPPA” or means the South Australian Government’s property location browser
“Consult24” means the third party system for facilitating Public Notification activities
“Nominated Financial Institution” means the financial institution or credit provider nominated by you as the provider of funds to enable the Fee to be transacted through the e-Planning system
“Relevant Authority” has the meaning set out in Section 82 of the Act:
“Terms and Conditions” means these terms and conditions
“we”, “us” and “our” means the South Australian Government and includes its agents, employees and subcontractors
“you” and “your” means the customer who wants to use the e-Planning system
Formation and Acceptance
Your use of the e-Planning system indicates acceptance of the following Terms and Conditions.
The e-Planning system enables you to:
prepare, lodge and manage all stages of a development application electronically via the Internet
pay associated Fees via an interface to BPoint
enquire on the status of your application.
We may amend the Terms and Conditions at any time. However, the Terms and Conditions that are in effect at the time you lodge your development application will apply to that application.
The e-Planning system includes links to other websites operated by other government bodies, non-government organisations and individuals. These linked sites will have their own terms and conditions of use and you should familiarise yourself with these.
Using the e-Planning system
You agree that you are solely responsible for the accuracy and completeness of all the information and documentation you provide in using the e-Planning system.
You acknowledge that the Crown in right of the State of South Australia owns the copyright in the e-Planning system and in any data or plan produced by us in the provision of the e-Planning system.
You acknowledge that all other requirements of using the e-Planning system are set out in the Act and Regulations.
Fee and Payment
You acknowledge that the electronic lodgement of your development application will not be completed until payment of the Fee.
For on-line payment, you will be directed to BPoint to pay the Fee. Fee payment using BPoint is via valid debit or credit card.
On-line payment is the e-Planning system preferred payment method. However, where this is not possible or practical, payment may be made to the Relevant Authority via other existing payment methods.
A tax invoice will be created during the payment process, and a copy provided to signify the successful completion of the payment transaction.
You authorise us to obtain such documentation and information from your Nominated Financial Institution and from other third parties as we may reasonably require for the purpose of processing your development application. You authorise those persons to provide that documentation and information to us.
You acknowledge that it is your responsibility to pay the Fee and to ensure that sufficient funds or credit is are available on your nominated debit or credit card to pay the Fee.
You acknowledge that where a payment by a debit or credit card is declined it will result in your Fee remaining unpaid.
You warrant that you are entitled to use the debit or credit card, and that we have been authorised by you to charge the Fee to the card.
You acknowledge that you will be charged the Fee in relation to your processed development application, even if you have provided inaccurate or incomplete information.
If you believe a debit or credit card transaction is unauthorised, you must immediately contact the web manager or notify us in writing. If we are unable to settle your complaint we will advise you in writing of the procedures for further investigation and resolution and may request further details from you. Alternatively, if we are unable to resolve the dispute about a debit or credit card transaction, we may advise you to contact the issuer of the debit or credit card so as to utilise its dispute resolution process.
Privacy and Security
You consent to the collection and use, in accordance with this clause, of the information collected and the information provided in using the e-Planning system.
The e-Planning system is operated in compliance with the South Australian Government’s Information Privacy Principles. These policies are based on national and international privacy standards. These policies address personal information that relates to natural persons, not corporate bodies.
You should note that there are inherent risks associated with transmission of information via the Internet. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise the e-Planning system. There are alternative ways to lodge and assess development applications if you do not wish to use the Internet.
The e-Planning system team are composed of South Australian Government public servants from the Department for Trade and Investment. In addition, private sector consultants work on the e-Planning system under contracts with terms and conditions by which they agree to comply with the South Australian Government’s Information Privacy Principles.
The main means by which the e-Planning system collects information from users is by users filling out and submitting online applications. Payment for online transactions are processed on BPoint and the e-Planning system is notified of the payment. SAPPA is used to provide the e-Planning system with details of recently lodged Plan/Parcel information, and new/revised Certificate of Title information. Consult24 is used to facilitate the consultation documentation and receipt of representations for Public Notification. The information is used for development application validation. No personal details are provided to any other individual or organisation.
The e-Planning system, like most other websites, collects the following information from users:
Visits are logged and the information below is collected and analysed to determine the site’s usage statistics. No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect our service provider’s logs
the user’s Internet Protocol address
the date and time of the visit to the site
the pages accessed and documents downloaded
the previous site visited, and
the type of browser used
The e-Planning system requires all participants, including applicants or their agents, to be registered in the e-Planning system before access is permitted. You must complete the registration process by providing us with current, complete and accurate information. You may not select an account user name or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We reserve the right to reject and/or reassign these user names and identifiers in our sole discretion.
An email address is required for all registered users of the e-Planning system, for the purpose of electronic (i.e. email) communication. They are stored in a secure area within the e-Planning system and will not be used for any other purpose nor disclosed without your consent.
You are responsible for:
Any and all activities that occur under your account;
Maintaining the confidentiality of any non-public authentication credentials associated with your use of the e-Planning system; and
Promptly notifying us about any possible misuse of your accounts or authentication credentials, or any security incident related to the e-Planning system.
Notwithstanding our efforts to ensure that the e-Planning system is secure, you acknowledge that all data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilising the e-Planning system, or electronic mail transmitted to and from you, will not be monitored or read by others.
We may issue instructions from time to time intended to ensure the security of the e-Planning system. You agree to comply with those instructions.
The e-Planning system contains some links to other South Australian Government websites. When you click on a link to another site, you leave the e-Planning system and are no longer protected by the e-Planning system privacy conditions outlined in this clause.
Warranty
You acknowledge that access to the e-Planning system may not be continuous, uninterrupted or secure at all times and may be interfaced with factors or circumstances outside of our control.
You acknowledge that the e-Planning system is not error free and electronic information provided by you may be lost or corrupted.
Liability
Subject to any responsibilities implied by law that cannot be excluded and subject to the requirements of the Act, we are not liable to you for any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs) whatsoever arising out of or attributable to any content, services or other material or loss or corruption of documents or information provided by you on the e-Planning system whether in contract, tort (including negligence), statute or otherwise.
If the law implies any condition or warranty liability for breach of which cannot be excluded, our liability is limited, at our exclusive option to the:
supply of the services again; or
payment of the cost of having the services resupplied or repaired.
Without limiting our rights referred to in the preceding subclauses, we will not be liable for any failure to perform our obligations if such failure arises from such circumstances reasonably beyond our control. These circumstances include fire, flood, earthquake, elements of nature, acts of God, malicious damage, explosion, sabotage, riot, civil disorder, rebellion or revolution in Australia, any change of law which makes compliance with the affected party’s obligations under these Terms and Conditions illegal, communication line failures, power failures, interruptions or shortages, computer processing systems failure.
Indemnity
You agree to indemnify and to hold us harmless from any claim or demand, made by any third party due to, or arising out of or in connection with, your breach of these Terms and Conditions or your infringement of any rights of a third party.
Notices
Where the Act sets out particular requirements with regards to notices, the requirements under the Act will prevail.
Where the Act does not set out particular requirements with regards to notices:
we may give any notice or other type of communication to you by:
electronic mail to the most recent email address that you have notified to us;
making the notice available for access on the e-Planning system; or
ordinary prepaid mail to your last notified address given to us.
any notice given by us is deemed given:
at the time when an electronic mail is sent by us;
on making the notice available for access on the e-Planning system for display to you; and
two (2) Business Days after we post the notification to you.
General
You acknowledge that all information contained in the e-Planning system is subject to change without notice.
You will comply with all laws that apply to you in relation to your use of the e-Planning system.
You acknowledge that these Terms and Conditions are governed by, and are to be construed in accordance with, the laws of the State of South Australia. You submit to the non-exclusive jurisdiction of the State of South Australia.
You acknowledge that these Terms and Conditions cannot change any requirements under the Act or Regulations. Where the Act, its standards or practice directions, and the Regulations set out a process, that process will prevail.
We reserve all rights not expressly granted under these Terms and Conditions, and no other rights are granted under these terms and Conditions by implication or estoppel or otherwise.
You may not assign these Terms and Conditions either in whole or in part.
Failure to enforce any provision of these Terms and Conditions will not constitute a waiver.
If any provision of these Terms and Conditions are held to be invalid or unenforceable, that provision may be:
read down to the extent necessary to make it valid and enforceable; or
severed and the remaining provisions of the Terms and Conditions enforced.
The headings in these Terms and Conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of these terms and conditions.
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The Department for Trade and Investment acknowledges and respects Aboriginal peoples as the state's First Peoples and nations and recognises Aboriginal peoples as Traditional Owners and occupants of lands and waters in South Australia.
