New South Wales Consolidated Regulations

KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 13A

13A Development on land containing acid sulfate soils

(1) Objective of the provision To require special assessment of risks associated with acid sulfate soils of land identified on the Acid Sulfate Soil Planning Map.

(2) 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 in that table, except as otherwise provided by this clause.

Class of land as shown on Acid Sulfate Soil Planning Map	Works
1	Any works
2	Works below natural ground surface Works by which the watertable is likely to be lowered
3	Works beyond 1 metre below natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface
4	Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface
5	Works within 100 metres of adjacent Class 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 2, 3 or 4 land

(3) For the purposes of the table to subclause (2), "works" includes:

(a) any disturbance of more than 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) Exceptions following preliminary assessment This clause does not require 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 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 Guidelines .

(5) 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

(6) Public authorities not excepted This clause requires consent for development to be carried out by the Council or another public authority, despite clause 6 (1) (a).

(7) However, despite any other provision of this clause, consent is not required for the Council or another public authority to carry out development for the purposes of:

(a) emergency work, or

(b) routine maintenance, or

(c) minor excavation work.

(8) Despite any other provision of this clause, the following development may be carried out by the Council or another public authority without development consent:

(a) the installation of stormwater quality improvement devices and drainage works, and

(b) any work ancillary to that development, such as the construction of accessways, the provision of power, water and sewerage supplies, and landscape works.

(9) If the Council or another public authority carries out work referred to in subclause (8) and encounters, or is reasonably likely to encounter, acid sulfate soils, the Council or public authority:

(a) must conduct a preliminary assessment of the proposed works in accordance with the Acid Sulfate Soils Assessment Guidelines so as to minimise the actual or potential impact to the environment arising from the disturbance of the soils, and

(b) must implement reasonable measures to minimise that impact.

(10) In this clause:
"emergency work" means the repair or replacement of any part of the works of the Council or another public authority:

(a) because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or

(b) because it has ceased to function or suddenly ceased to function adequately,

and includes any work reasonably necessary to prevent or limit any further damage or malfunction.
"minor excavation work" means new work carried out by a public authority that does not disturb soil more than one metre below the existing ground level, such as the provision of surface irrigation for landscaping.
"routine maintenance" means the periodic inspection, cleaning, repair and replacement of existing public works, but does not include work that would result in an increase in the design capacity of any part of the works or necessitate the deepening of any existing works below the existing ground level.