New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) Objectives The objective of this clause is to require special assessment of certain development on land identified as being subject to acid sulfate soils.
(2) Consent usually required A person must not, without the consent of Council, carry out works described in the following table on land of the class or classes specified for those works in that table and shown on the Acid Sulfate Soils Planning Map, except as provided by subclauses (4), (4A), (4B) and (7).Table
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 lowered.3 Works beyond 1 metre below the natural ground surface;
Works by which the watertable is likely to be lowered to any point beyond 1 metre below the natural ground surface.4 Works beyond 2 metres below the natural ground surface;
Works by which the watertable is likely to be lowered to any point beyond 2 metres below the natural ground surface.5 Works which are likely to lower the watertable in adjacent Class 1, 2, 3 or 4 land to any point below 1 metre AHD.
(3) For the purposes of subclause (2), "works" includes:(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, agricultural-related works, the construction or maintenance of drains, engineering works, 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.
(3A) Exception for filled land This clause does not require consent for the carrying out of works on land that has been lawfully filled if the proposed works will not extend beneath the fill.
(4) Exception 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 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 .
(4A) Exception for cane land This clause does not require consent for the carrying out of works for the purpose of agriculture (including drains, land levelling, dams, road works and the like) if:(a) a production area entitlement is in force in respect of the land concerned at the time of carrying out the works, and(b) the works are carried out in accordance with a drainage management plan lodged with and endorsed by the NSW Sugar Milling Co-operative or the Council, and(c) a drainage management plan for the land has been prepared in accordance with the Sugar Industry Best Practice Guidelines, and(d) the works are not carried out in respect of any major drains identified on the Acid Sulfate Soil Planning Map or on any land:(i) within Zone No 7 (a) Environmental Protection (Wetlands), or(ii) within Zone No 7 (c) Environmental Protection (Flora and Fauna), or(iii) to which State Environmental Planning Policy No 14-Coastal Wetlands applies, and(e) the Council has not served a notice on the person carrying out or using the works, or published a notice in a newspaper circulating in the locality of the works, requiring that the carrying out or use of the works cease or that development consent be obtained prior to the carrying out or further use of the works.
(4B) Audit of drainage management plans An annual audit of drainage management plans and of the works to which subclause (4A) relates is to be carried out by the NSW Sugar Milling Co-operative to a standard satisfactory to the Council.
(4C) Immediately after the audit required by subclause (4B) has been carried out, the NSW Sugar Milling Co-operative is to provide Council with a copy of the results of the audit.
(4D) The Council may issue a notice of the kind referred to in subclause (4A) (e), relating to any one or more of those works, if either of the requirements contained within subclauses (4B) or (4C) is not complied with.
(5) Considerations for consent authority 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 ,(b) the likelihood of the proposed development resulting in the discharge of acid water,(d) whether the application was made in accordance with Richmond River Development Control Plan No 5-Acid Sulfate Soils .
(6) Public authorities This clause requires consent for development to be carried out by Richmond Valley Council, other councils, county councils or drainage unions despite:(a) Clause 35 and items 2 and 11 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980 , as adopted by this plan, and(b) Clause 10 of State Environmental Planning Policy No 4-Development Without Consent .
(7) Special provisions for Council and county councils Notwithstanding the provisions of subclause (6), the following types of development may be carried out without consent by the Council or a county council:(a) development consisting of emergency work,(b) development consisting of routine maintenance, and(c) development consisting of minor work,and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.
(8) Despite subclause (7), development consisting of routine maintenance or minor work may be carried out only with consent if the development is on a site listed as a heritage item in Schedule 1.
(9) Where the Council or a county council carries out development described in subclause (7) and encounters, or is reasonably likely to encounter, actual acid sulfate soils, the Council or county council shall properly deal with those soils in accordance with the Acid Sulfate Soils Management Guidelines so as to minimise the actual or potential impact to the environment arising from disturbance of the soils.
(10) In this clause:
"ACID SULFATE SOILS ASSESSMENT GUIDELINES" means the "Acid Sulfate Soils Assessment Guidelines" as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee (ASSMAC) and adopted by the Director-General.
"ACID SULFATE SOILS PLANNING MAP" means the series of sheets of the map marked “ Richmond Valley Local Environmental Plan 1992 (Amendment No 22) Acid Sulfate Soils Planning Map ”.
"ACTUAL ACID SULFATE SOILS" are soils containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, primarily sulfide. This oxidation produces hydrogen ions in excess of the sediment’s capacity to neutralise the acidity resulting in soils of pH of 4 or less when measured in dry season conditions.
"AGRICULTURAL-RELATED WORKS" means any farming or land management activities which will materially alter the shape or natural form of the land or which are likely to alter groundwater levels. They include the following:(a) drainage works,(b) construction and maintenance of open drains,(c) excavation works,(d) extractive industries or mining,(e) construction of dams, stock water holes, aquaculture ponds and the like,(f) site levelling,(g) flood mitigation works, including construction of levees,(h) topsoil removal and turf farming,(i) laying of pipes, cables, conduits and the like,(j) dewatering of wetlands, dams and the like."COUNCIL’S WORKS" means such works as are owned or controlled by the Council.
"COUNTY COUNCIL" has the meaning as in the Local Government Act 1993 .
"DRAINAGE MANAGEMENT PLAN" means a plan that provides information on:(a) the depth, location and nature of acid sulfate soils on the land, and(b) the location and dimensions of existing, new and redesigned drains on the land, and(c) the nature of any earth moving activities such as laser levelling, construction or enlargement of dams, or the like,and documents the necessary management practices to avoid or minimise an acid hazard.
"EMERGENCY WORK" means the repair or replacement of any part of the Council’s works or the works of a county council:(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 work reasonably necessary to prevent or limit any further damage or malfunction.
"ENGINEERING WORKS" means works carried out under the supervision of a suitably qualified engineer and using equipment or plant. Such works may consist of or include any of the following:• construction of roads, bridges, buildings, levees, dams, railways or drains,• laying of pipes, cables or conduits,• levelling of the ground,• extractive industries or mining,• dewatering,• flood mitigation works,or the like, and may consist of or include an agricultural-related work.
"EXISTING DRAIN" means a drain lawfully constructed prior to 20 June 1998 (being the first date during the public exhibition of the draft of Richmond River Local Environmental Plan 1992 (Amendment No 5) .
"FLOOD MITIGATION WORKS" means structural measures intended to reduce flood damage by either reducing flood levels or the lateral extent of flooding and includes any of the following:(a) levees,(b) flood mitigation drains,(c) retarding or detention basins,(d) bypass floodways,(e) flood gates on drains,(f) channel improvement."MAINTENANCE OF EXISTING DRAINS" refers to any works that will disturb or remove soil within existing drains.
"MINOR WORK" means new work affected by the Council or a county council, but not drainage work, which has a value not greater than $20,000.
"NSW SUGAR MILLING CO-OPERATIVE" means the New South Wales Sugar Milling Co-operative Limited (ACN 051 052 209).
"POTENTIAL ACID SULFATE SOILS" are soils that contain iron sulfides or sulfidic material which have not been exposed to air. They will become severely acid when exposed to air and oxidised. The field pH of these soils in their undisturbed state is pH 4 or more and may be neutral or slightly alkaline.
"PRODUCTION AREA ENTITLEMENT" means a contractual arrangement, between the NSW Sugar Milling Co-operative and a grower member of that Co-operative, for the production of sugar cane for milling.
"ROUTINE MAINTENANCE" means the periodic inspection, cleaning, repair and replacement of the Council’s works or the works of a county council, but does not include work that would result in an increase in the design capacity of any part of those works or necessitate the deepening of an existing works capacity, except where one tonne, or less, of soil, is disturbed.
"SUGAR INDUSTRY BEST PRACTICE GUIDELINES" means guidelines adopted by Council and approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources in consultation with the NSW Acid Sulfate Soils Management Advisory Committee (ASSMAC) and the Director-General of the Department of Agriculture.
"WORKS OF A COUNTY COUNCIL" means such works as are owned or controlled by a county council.
"WORKS THAT MAY ALTER GROUNDWATER LEVELS" means drainage works, ground water bores, wells, ground dewatering, or the like on or adjacent to land containing acid sulfate soils which may lower the groundwater level in the general area.