New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) Consent usually required A person must not, without the consent of the Council, 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 Soils Planning Map Works 1 Any works 2 Works below the natural ground surface
Works by which the watertable is likely to be lowered3 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 surface4 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 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
(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 construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works), and(b) any other works that are likely to lower the watertable.
(3) Exception following preliminary assessment 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 also provided written advice to the proponent of 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 .
(4) Considerations for consent authority The Council must not grant a consent required by this clause unless it 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
(5) Public authorities not excepted This clause requires consent for development to be carried out even if the development is to be carried out by a council, county council or drainage union, despite the provisions of:(a) the Environmental Planning and Assessment Model Provisions 1980 , as adopted by this plan, and(b) State Environmental Planning Policy No 4-Development Without Consent and Miscellaneous Exempt and Complying Development .