New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) The objective of this clause is to require special assessment of certain development on land identified as being subject to acid sulfate risk.
(2) A person must not, without the consent of the Council, carry out works on land to which this plan applies shown as being Class 1, 2, 3, 4 or 5 land on the acid sulfate soils map, being the works specified for the class of land in the following table:
Class of land Works to which this clause applies 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 natural ground surface;
Works by which the watertable is likely to be lowered beyond 1 metre below natural ground.4 Works beyond 2 metres below the natural ground surface;
Works by which the watertable is likely to be lowered beyond 2 metres below natural ground.5 Works by which the watertable is likely to be lowered to below 1 metre AHD in adjacent Class 1, 2, 3 or 4 land.
(3) For the purposes of subclause (2), "works" includes any landform alteration that results in the disturbance of soil (such as occurs in carrying out agriculture, the construction of dams, the maintenance of existing drains, flood mitigation works or any other works which will alter groundwater levels).
(4) The Council must not grant such consent unless it has considered:(a) a preliminary soil assessment determining the presence or absence of potential or actual acid sulfate soils within the area of proposed landform alteration, unless the applicant agrees that potential or actual acid sulfate soils are present within the area of proposed landform alteration, and(b) where the preliminary soil assessment identifies, or the applicant agrees about the presence of, potential or actual acid sulfate soils-the adequacy of an acid sulfate soils management plan prepared in accordance with the Environment Protection Authority’s guidelines, and(c) the likelihood of the proposed development resulting in the oxidation of acid sulfate soils, and(d) any comments received from any relevant public authority the Council may consult with in respect of the application.