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 Council, carry out works described in the following table on land of the class (as shown on the acid sulfate soils map) specified opposite those works, except as provided by subclause (4).
Class of land as shown on Acid Sulfate Soils Map Works 1 Any works. 2 Works below the natural 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 within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD in Class 1, 2, 3 or 4 land.
(3) For the purposes of subclause (2), "works" includes:(a) any disturbance of more than one (1) 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 and Management Guidelines has been given to the Council, and(b) the Council has provided written advice to the person proposing to carry out 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 .
(5) The Council must not grant a consent required by this clause unless it has considered:(a) a preliminary soil assessment to ascertain the presence or absence of acid sulfate soils within the area of the proposed works, unless the applicant agrees that acid sulfate soils are present within the area of the proposed works, and(b) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with Acid Sulfate Soils Assessment and Management Guidelines , and(c) the likelihood of the proposed development resulting in the oxidation of acid sulfate soils and the discharge of acid water from the area of the proposed works, and
(6) Clause 35 of and Schedule 1, items 2 and 11, to the Environmental Planning and Assessment Model Provisions 1980 do not apply to development for which consent is required under this clause for works conducted by councils, county councils or drainage unions.