New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) The objectives of this clause are as follows--(a) to manage any disturbance to acid sulfate soils so as to minimise impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities,(b) to require development consent for works that would disturb soils or groundwater levels on land identified as having, or potentially having, acid sulfate soils,(c) to require special assessment of certain development on land identified as being subject to risks associated with the disturbance of acid sulfate soils.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land of the class specified for those works, except as provided by this clause.
Class of land as shown on Acid Sulfate Soils Map Works 1 Any works. 2 Works below the natural 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 adjacent Class 1, 2, 3 or 4 land that are likely to lower the watertable below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3) Consent must not to be granted under this clause unless--(a) an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Guidelines and has been provided to the consent authority, and(c) the consent authority has considered the likelihood of the proposed works resulting in the discharge of acid water, and(d) the consent authority is satisfied that any disturbance of acid sulfate soils resulting from the proposed works will be managed so as to minimise impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities.
(4) 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 Guidelines indicates that an acid sulfate soils management plan need not be carried out 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) This clause does not require consent to carry out any works unless--(a) the works involve the disturbance of more than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including swimming pools) or foundations, or flood mitigation works, or(b) the works are likely to lower the water table.