6Acid sulfate soils

6 Acid sulfate soils

6.1 Acid sulfate soils

(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the type specified for those works.

| Land shown on the Acid Sulfate Soils Map | Works | | Acid Sulfate Soil Area (land up to 5 metres Australian Height Datum) | Works more than 1 metre below the existing ground surface.Works involving the disturbance of more than 1 tonne of soil.Works that are likely to lower the ground water table. | | Buffer Area (land greater than 5 metres but less than 10 metres Australian Height Datum or within 170 metres of any Acid Sulfate Soil Area) | Works involving excavation more than 1 metre below Australian Height Datum.Works that are likely to lower the ground water table. |

(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.

(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—

(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and

(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—

(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,