7.1Acid sulfate soils
(1)
The objective of this clause is to ensure that
development does not disturb, expose or drain acid sulfate soils and cause
environmental damage.
(2)
Development consent is required for the carrying
out of works described in the Table to this subclause on land shown on the
Acid Sulfate
Soils Map as being of the class specified for those
works.
Class of
land
Works
1
Any
works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be
lowered.
3
Works more than 1 metre below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 1 metre below the natural ground
surface.
4
Works more than 2 metres below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 2 metres below the natural ground
surface.
5
Works within 500
metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian
Height Datum and by which the watertable is likely to be lowered below 1 metre
Australian Height Datum on adjacent Class 1, 2, 3 or 4
land.
(3)
Development consent must not be granted under
this clause for the carrying out of works unless an acid sulfate soils
management plan has been prepared for the proposed works in accordance with
the Acid Sulfate Soils Manual and has been provided to the consent
authority.
(4)
Despite subclause (2), development 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 Manual indicates that an
acid sulfate soils management plan is not required 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)
Despite subclause (2), development consent is not
required under this clause for the carrying out of any of the following works
by a public authority (including ancillary work such as excavation,
construction of access ways or the supply of power)—
(a)
emergency work, being the repair or replacement
of the works of the public authority, required to be carried out urgently
because the works have been damaged, have ceased to function or pose a risk to
the environment or to public health and safety,
(b)
routine maintenance work, being the periodic
inspection, cleaning, repair or replacement of the works of the public
authority (other than work that involves the disturbance of more than 1 tonne
of soil),
(c)
minor work, being work that costs less than
$20,000 (other than drainage work).
(6)
Despite subclause (2), development consent is not
required under this clause to carry out any works if—
(a)
the works involve the disturbance of less than 1
tonne of soil, and
(b)
the works are not likely to lower the
watertable.
(7)
Despite subclause (2), development consent is not
required under this clause for the carrying out of works for the purpose of
agriculture if—
(a)
a production area entitlement is in force in
respect of the land when the works are carried out, and
(b)
the works are carried out in accordance with a
drainage management plan, and
(c)
the works are not carried out in respect of a
major drain identified on the Acid Sulfate Soils Map,
and
(d)
the works are not carried out on land in Zone C2
Environmental Conservation or on land identified as “coastal
wetlands” on the Coastal
Wetlands and Littoral Rainforests Area Map, within the
meaning of State Environmental Planning Policy
(Resilience and Hazards) 2021, Chapter
2.
(8)
In this clause—
drainage management
plan means an irrigation and drainage management plan
that—
(a)
is prepared in accordance with the NSW Sugar Industry Best Practice
Guidelines for Acid Sulfate Soils (2005),
and
(b)
is endorsed by the Sugar Milling Co-operative as
being appropriate for the land.
NSW
Sugar Industry Best Practice Guidelines for Acid Sulfate Soils
(2005) means the guidelines approved by the Director-General
of the Department of Infrastructure, Planning and Natural Resources on 25 May
2005.
production area
entitlement means a contractual arrangement between the
Sugar Milling Co-operative and a grower member of that co-operative for the
production of sugar cane for milling.
Sugar Milling
Co-operative means the New South Wales Sugar Milling
Co-operative Limited or its successor.
Note—
The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate
Soils (2005) is available on the Department of Planning
and Infrastructure’s website.
cl 7.1: Am 2018
(106), Sch 2.6; 2022 (72), Sch 1.21; 2022 (828), Sch 1.11[9].
7.11Rural land sharing communities
(1)Aims of clause
This clause aims to encourage and facilitate the
development of rural land sharing communities committed to environmentally
sensitive and sustainable land use practices by—
(a)
enabling people who collectively own a single lot
to erect multiple dwellings on that lot without dividing the lot (such as by
subdivision or by contractual arrangements), and
(b)
enabling the sharing of facilities and resources
to allow a wide range of communal rural living opportunities at a lower cost,
and
(c)
facilitating development on rural land
(preferably in a clustered style) without undue harm to the environment and
without creating a demand for the unreasonable or uneconomic provision of
public amenities or services, and
(d)
creating opportunities for an increase in rural
population in areas that are experiencing population
loss.
(2)Land to which clause applies
This clause applies to land in any rural zone but
not to the following land—
(a)
land in an environmentally sensitive area for
exempt or complying development within the meaning of clause
3.3,
(b)
land to which a wilderness protection agreement
under the Wilderness Act
1987 relates,
(c)
land that is a forestry area within the meaning
of the Forestry Act
2012,
(d)
land that is within a special area or a
controlled area under the Water NSW Act
2014.
(3)Rural land sharing community permitted with
consent
The consent authority may grant development
consent to development on land to which this clause applies for the purposes
of 3 or more dwellings if satisfied of the following—
(a)
the land is a single lot with an area of not less
than 10 hectares,
(b)
the height of any building on the land will not
be more than 8 metres,
(c)
no more than 25 per cent of the land is prime
crop and pasture land and no building containing a dwelling will be on any
such land,
(d)
the development will not include development for
the purposes of a camping ground, caravan park, eco-tourist facility or
tourist and visitor accommodation, except where otherwise permissible on the
land,
(e)
no building will be on land that has a slope in
excess of 18 degrees or that is prone to mass movement,
(f)
the development is consistent with the aims of
this clause.
(4)Matter to be considered
The consent authority must not grant development
consent under this clause unless it has taken into account the
following—
(a)
the arrangements for operating and managing the
community,
(b)
the design of the proposed
development,
(c)
the physical and heritage characteristics of the
proposed site and surrounding land,
(d)
the availability of roads, utilities and other
services,
(e)
the impact of the development on the environment
and any present or future use of the land,
(f)
any other matter that the consent authority
considers to be relevant.
(5)Future management
The consent authority must not grant consent to
development under this Schedule unless it is satisfied that adequate provision
will be made for the following—
(a)
water and waste management,
(b)
prevention, control and management of soil
erosion,
(c)
bush fire management,
(d)
flora and fauna management, including the control
of pests,
(e)
provision and maintenance of internal roads,
boundary fences, water reticulation, service corridors for telephone and
electricity cables and similar matters.
(6)Density of development
The consent authority must not grant consent to
development under this clause if the development would result in more than the
following number of dwellings on the land—
(a)
if the land has an area of 10 hectares or more
but not more than 210 hectares—4 dwellings plus 1 additional dwelling
for every 4 hectares of land greater than 10 hectares,
(b)
if the land has an area of 210 hectares or
more—54 dwellings plus 1 additional dwelling for every 6 hectares of
land greater than 210 hectares up to a maximum of 80
dwellings.
(7)
The consent authority must not grant consent to
development under this clause if the development would result in the number of
persons reasonably accommodated in all the dwellings on the land being greater
than 4 times the maximum number of dwellings otherwise permitted by this
clause.
(8)Subdivision prohibited
Subdivision (other than a subdivision permitted
under clause 2.75 of State Environmental Planning Policy
(Exempt and Complying Development Codes) 2008) of land is
prohibited if development has been carried out on the land under this clause
or under provisions similar to this clause.
Note—
For example under the former State Environmental Planning Policy No 15—Rural
Landsharing Communities or the State Environmental Planning Policy (Integration and
Repeals) 2016.
There should be no application for a strata
certificate in cases where subdivision is prohibited.
(9)More than 1 dwelling may be treated as a single
dwelling
The consent authority may, for the purposes of
this clause, treat 2 or more dwellings as a single dwelling if it is satisfied
that, having regard to the sharing of any cooking or other facilities and any
other relevant matter, the dwellings comprise a single
household.
(10)Definition
In this clause—
prime crop and pasture
land means—
(a)
land identified as prime crop and pasture land
under State Environmental Planning Policy No
15—Rural Landsharing Communities as in force
immediately before the repeal of that Policy, or
(b)
land identified by the Secretary of the
Department of Industry that has been notified in writing to the Council as
prime crop and pasture land for the purposes of this
clause.
cl 7.11: Ins 2018
(344), Sch 1.