35Acid sulfate soils

35 Acid sulfate soils

35 Acid sulfate soils

(1) Objectives

• to manage disturbance of acid sulfate soils to minimise impacts on water quality, ecosystems, infrastructure and agricultural and urban activities.

• to require special consideration and development consent for works, including some agricultural and infrastructure-related works, that would disturb soils or ground water levels in areas identified as having acid sulfate soils.

• to provide for a regime of self-regulation by those organisations which have demonstrated to the Council their ability to manage acid sulfate soils issues.

(2) For the purpose of this clause, works includes—

(a) any landform alteration that may result in the disturbance of soil (such as occurs in carrying out agriculture, including land levelling and the like, the construction of new drains, the widening, deepening or extension of existing drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams or detention basins), footings, road or bridgeworks, the laying of cables, pipes etc, or flood mitigation works), or

(b) any other works which may lower ground water levels.

(3) A person must not, without development consent, carry out works on land shown as being Class 1, 2, 3, 4 or 5 land on the series of maps held in the office of the Council and marked “Acid Sulfate Soil Planning Map”, being the works specified for the class of land in the following Table—

Table

| Class of land | Specified works | | 1 | Any works | | 2 | • Works below the 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 the 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 the natural ground surface | | 5 | • Works within 500 metres of Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD in adjacent Class 1, 2, 3 or 4 land |

(4) The consent authority must not grant consent to works specified in subclause (3) unless it has considered—

(a) a preliminary soil assessment to ascertain the presence or absence of acid sulfate soils within the area of proposed works, unless the applicant agrees that acid sulfate soils are present within the area of proposed works, and