New South Wales Consolidated Regulations

SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 24--HOMEBUSH BAY AREA - REG 20A

20A Acid sulfate soils

(1) Despite clause 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980 adopted by this plan, development (not being exempt development or complying development) that is likely to result in the disturbance of more than one tonne of soil, or to lower the water table, on land on which acid sulfate soils are present may be carried out only with development consent.

(2) Before granting a consent required by this clause, the consent authority must consider:

(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines , as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director, and

(b) the likelihood of the proposed development resulting in the discharge of acid waters, and

(c) any comments received from the Department of Land and Water Conservation within 21 days of the consent authority having sent that Department a copy of the development application and of the related acid sulfate soils management plan.

(3) Consent for development referred to in this clause is required despite clause 10 of State Environmental Planning Policy No 4-Development Without Consent and Miscellaneous Complying Development .