28ADevelopment on land identified on Acid Sulfate Soil Planning Maps

28A Development on land identified on Acid Sulfate Soil Planning Maps

28A Development on land identified on Acid Sulfate Soil Planning Maps

(1) Objectives The objectives of this clause are to require special assessment of certain developments on land identified as being subject to acid sulfate soils and to provide for a regime of self-regulation by organisations which have demonstrated to Council their ability to manage acid sulfate soil issues.

(2) Consent usually required A person must not, without the consent of Council, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (4).

| Class of land as shown on Acid Sulfate Soil Planning Map | Works | | 1 | Any Works. | | 2 | Works below natural ground surfaceWorks by which the watertable is likely to be lowered. | | 3 | Works beyond 1 metre below the natural ground surfaceWorks 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 surfaceWorks 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) For the purpose of subclause (2) works includes—

(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, agricultural-related works, the construction or maintenance of drains, engineering works, 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) Exception following preliminary assessment This clause does not require consent for the carrying out of 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 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 Soils Assessment Guidelines.