66Development on land identified on Acid Sulfate Soils Map

66 Development on land identified on Acid Sulfate Soils Map

66 Development on land identified on Acid Sulfate Soils Map

(1) The objective of this clause is to require special assessment of certain development on land identified as being subject to acid sulfate risk.

(2) A person must not, without the consent of Council, carry out works described in the following table on land of the class (as shown on the acid sulfate soils map) specified opposite those works, except as provided by subclause (4).

| Class of land as shown on Acid Sulfate Soils 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 beyond 1 metre below natural ground. | | 4 | Works beyond 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered beyond 2 metres below natural ground. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD in Class 1, 2, 3 or 4 land. |

(3) For the purposes of subclause (2), works includes—

(a) any disturbance of more than one (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) 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 and Management 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 and Management Guidelines.

(5) The Council must not grant a consent required by this clause unless it has considered—

(a) a preliminary soil assessment to ascertain the presence or absence of acid sulfate soils within the area of the proposed works, unless the applicant agrees that acid sulfate soils are present within the area of the proposed works, and