sch.3-sec.12Meaning of rigid soils and non-rigid soils

### sch.3-sec.12 Meaning of rigid soils and non-rigid soils Rigid soils are soils with minimal capacity to shrink and swell with changing water content. For subsection (1) , minimal capacity to shrink and swell exists only if, when dry, the soil does not have— open cracks that— are 5mm wide or more; and extend from at least 300mm below the surface vertically upwards to— the surface; or immediately below a layer disturbed by human intervention, including, for example, by ploughing; or immediately below a thin, natural surface layer; or gilgai. Non-rigid soils are soils other than rigid soils. (sch.3-sec.12-ssec.1) Rigid soils are soils with minimal capacity to shrink and swell with changing water content. (sch.3-sec.12-ssec.2) For subsection (1) , minimal capacity to shrink and swell exists only if, when dry, the soil does not have— open cracks that— are 5mm wide or more; and extend from at least 300mm below the surface vertically upwards to— the surface; or immediately below a layer disturbed by human intervention, including, for example, by ploughing; or immediately below a thin, natural surface layer; or gilgai. (sch.3-sec.12-ssec.3) Non-rigid soils are soils other than rigid soils. - (a) open cracks that— (i) are 5mm wide or more; and (ii) extend from at least 300mm below the surface vertically upwards to— (A) the surface; or (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or (C) immediately below a thin, natural surface layer; or - (i) are 5mm wide or more; and - (ii) extend from at least 300mm below the surface vertically upwards to— (A) the surface; or (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or (C) immediately below a thin, natural surface layer; or - (A) the surface; or - (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or - (C) immediately below a thin, natural surface layer; or - (b) gilgai. - (i) are 5mm wide or more; and - (ii) extend from at least 300mm below the surface vertically upwards to— (A) the surface; or (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or (C) immediately below a thin, natural surface layer; or - (A) the surface; or - (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or - (C) immediately below a thin, natural surface layer; or - (A) the surface; or - (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or - (C) immediately below a thin, natural surface layer; or