36Development on land identified on Acid Sulfate Soils Planning Maps

36 Development on land identified on Acid Sulfate Soils Planning Maps

36 Development on land identified on Acid Sulfate Soils Planning Maps

(1) Consent usually required A person must not, without the consent of the council, carry out works on land identified as being class 1, 2, 3, 4 or 5 land on the Acid Sulfate Soils Planning Maps, being the works specified for the class of land in the following table—

| Class of land | Specified works | | 1 | Any works. | | 2 | Works below the 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 the natural ground surface. | | 4 | Works beyond 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered beyond 2 metres below the natural ground surface. | | 5 | Works within 500 metres of class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD in adjacent class 1, 2, 3 or 4 land. |

(2) For the purposes of the table to subclause (1), works includes the following—

(a) any disturbance of more than one tonne of soil (such as occurs in the carrying out of 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),

(b) any other works that are likely to lower the watertable, such as drainage works, ground water bores, wells, ground dewatering, or the like, which may lower the groundwater level in the general area.

(3) Exception following preliminary assessment This clause does not require consent for the carrying out of works described in the table to subclause (1) if the land is above 10m Australian Height Datum (AHD) or if—

(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soil Manual 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 Soil Manual.

(4) Considerations for consent authority The council must not grant a consent required by this clause unless it has considered—