41Development on lands identified with potential acid sulfate soils

41 Development on lands identified with potential acid sulfate soils

41 Development on lands identified with potential acid sulfate soils

(1) Ecologically sustainable development objectives The ecologically sustainable development objectives of this clause are to prevent or minimise the environmental consequences caused by the exposure of potentially acid sulfate soils.

(2) Consent usually required Notwithstanding Part 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 (4).

| Class of land as shown on Acid Sulfate Soils Planning Maps | Works | | 1 | Any works | | 2 | Works below the 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 the 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 the 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 purposes of the table to subclause (2), works includes—

(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) 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 those 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 the Council, and

(b) the Council has provided written advice to the person proposing to carry out the proposed 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 Soils Assessment Guidelines.

(5) Considerations for consent authority A consent required by this clause must not be granted unless the consent authority has considered—