New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) A person must not, without development consent, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (3).
Class of land as shown on acid sulfate soil planning map Works 1 Any works. 2 Works below the ground surface. Works by which the watertable is likely to be lowered. 3 Works beyond 1 metre below the ground surface.
Works by which the watertable is likely to be lowered beyond 1 metre below the ground surface.4 Works beyond 2 metres below the ground surface.
Works by which the watertable is likely to be lowered beyond 2 metres below the ground surface.5 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.
(2) For the purposes of the table to subclause (1), "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 provision of infrastructure for utilities, the construction of swimming pools, 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.
(3) This clause does not require development consent for the carrying out of works if:(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment and Management 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 and Management Guidelines .
(4) Development consent required by this clause must not be granted unless the Council 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 and Management Guidelines , and(b) the likelihood of the proposed development resulting in the discharge of acid water, and
(5) This clause requires development consent for works to be carried out by the Council, or other public authorities, despite the provisions of clause 20.