36Development on land comprising
acid sulfate soils
(1)
This clause applies to such of the land in the
Foreshores and Waterways Area as is within Zone No W1, W2, W3, W4, W5, W6, W7,
W8 or 8 (a).
(2)
Works that involve the excavation, dredging,
filling or contouring of land to which this clause applies, or the extraction
of soil or other extractive material from such land, may be carried out only
with development consent.
(3)
Despite subclause (2), such works may be carried
out without development consent 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 consent authority,
and
(b)
the consent authority has provided written advice
to the person carrying out the works confirming that 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.
(4)
The consent authority must not grant development
consent as required by this clause unless it has considered:
(a)
the adequacy of an acid sulfate soils management
plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment
Guidelines, and
(b)
the likelihood of the proposed development
resulting in the discharge of acid water, and
(c)
any comments received from the Department within
21 days of the consent authority having sent the Department a copy of the
development application and of the related acid sulfate soils management
plan.
(5)
This clause requires development consent for the
carrying out of works:
(a)
by councils or county councils (within the
meaning of the Local Government Act
1993), or
(b)
by private drainage boards (within the meaning of
the Water Management Act
2000),
despite any other provision of this plan and despite
clause 10 of State Environmental Planning Policy No
4—Development Without Consent and Miscellaneous Exempt and Complying
Development.
(6)
This clause does not apply to or in respect of
works carried out by or on behalf of the Maritime Authority of NSW or Sydney
Ports Corporation.
(7)
In this clause:
acid
sulfate soils means actual or potential acid sulfate soils,
as defined in the Acid Sulfate
Soils Assessment Guidelines.
Acid
Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment
Guidelines as published by the NSW Acid Sulfate Soils
Management Advisory Committee and adopted for the time being by the
Director-General.
cll 36: Am 2006 No
58, Sch 2.67.