35Acid sulfate soils

35 Acid sulfate soils

35 Acid sulfate soils

(1) For the purpose of this clause, works means—

(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams, and detention basins), foundations and flood mitigation works), or

(b) any other works that are likely to lower the water table, or

(c) routine maintenance.

(2) A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).

| Class of land as shown on Acid Sulfate Soils Planning Maps | 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 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 natural ground surface. | | 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 on adjacent Class 1, 2, 3 or 4 land. |

(3) 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 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 the 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) Consent required by this clause must not be granted unless the consent authority has considered—

(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soil Manual, and

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