Hurstville Local Environmental Plan 1994
22ADevelopment on land identified on the Acid Sulfate Soils Planning Map
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22A Development on land identified on the Acid Sulfate Soils Planning Map
22A Development on land identified on the Acid Sulfate Soils Planning Map
(1) 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 or classes specified for those works, except as provided by subclause (3).
| Class of land as shown on Acid Sulfate Soils 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 to any point 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 to any point beyond 2 metres below natural ground surface. | | 5 | Works within 100 metres of adjacent Class 2 or 3 land which are likely to lower the watertable to any point below 1 metre AHD on adjacent Class 2 or 3 land. |
(2) For the purposes of the table to subclause (1), works includes—
(a) any disturbance of more than one tonne of soil (such as occurs in carrying out the construction and 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.
(3) Exception following preliminary assessment 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 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 that 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.
(4) Considerations for consent authority The council must not grant a consent required by this clause unless it has considered—
(a) an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and