New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) "Acid Sulfate Soils Planning Maps" means the series of maps prepared by the former Department of Urban Affairs and Planning and dated December 1997, held in the offices of the Department of Infrastructure, Planning and Natural Resources.
(2) A person must not, without development consent, carry out works described in the following Table on any land of a class specified in that Table for those works, except as provided by subclause (4).
Class of land as shown on Acid Sulfate Soils Planning Maps Works 1 Any works 2 Works below natural ground surface
Works by which the watertable is likely to be lowered3 Works beyond 1 metre below natural ground surface
Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface4 Works beyond 2 metres below natural ground surface
Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface5 Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3, or 4 land
(3) For the purposes of the Table to subclause (2), "works" includes:(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies, (including canals, dams and detention basins) or foundations, or flood mitigation works), or(b) any other works that are likely to lower the watertable.
(4) This clause does not require consent for the carrying out of those works if:(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and(b) the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines .
(5) A consent required by this clause must not be granted unless the consent authority has considered:(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines , and(b) the likelihood of the proposed development resulting in the discharge of acid water, and
(6) This clause requires consent for development to be carried out by councils, county councils or drainage unions despite:(a) clause 35 of, and items 2 and 11 of Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980 , as adopted by this plan, and(b) clause 10 of State Environmental Planning Policy No 4-Development Without Consent and Miscellaneous Exempt and Complying Development .