Manly Local Environmental Plan 1988
Current version for 2 March 2012 to date (accessed 29 November 2014 at 16:02)
Part 3Clause 33

33   Development on land identified on Acid Sulphate Soils Planning Map

(1) Consent usually required
A person must not, without the consent of the council, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (3).

Class of land as shown on Acid Sulphate Soils Planning Map

Works

1

any works

2

works below natural ground surface
works by which the water table is likely to be lowered

3

works beyond 1 metre below natural ground surface
works by which the water table is likely to be lowered beyond 1 metre below natural ground surface

4

works beyond 2 metres below natural ground surface
works by which the water table is likely to be lowered beyond 2 metres below 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.

(2)  For the purposes of subclause (1), works means:
(a)  any disturbance of more than one [1] tonne of soil (such as occurs in carrying out construction and maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies [including canals, dams and detention basins] or foundations, or flood mitigation works), or
(b)  any other works that are likely to lower the watertable regardless of how much soil they disturb.
(3)  Land shown on the Acid Sulphate Soils Planning Map, or land shown on that Map as being within a particular class, is taken not to be classified, not to be within that particular class, or to be within a different class, if the council makes a determination to that effect having regard to the quality of the land.
(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 Sulphate Soils Assessment and Management Guidelines” has been given to the council, and
(b)  the council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulphate soils management plan prepared on accordance with the “Acid Sulphate Soils Assessment and Management Guidelines”.
(5) Considerations for consent authorities
The council must not grant a consent required by this clause unless it has considered:
(a)  the adequacy of an acid sulphate soils management plan prepared for the proposed development in accordance with the “Acid Sulphate Soils Assessment and Management Guidelines”, and
(b)  the likelihood of the proposed development resulting in the discharge of acid water, and
(c)  (Repealed)
(6) Public Authorities not excepted
This clause requires consent for development to be carried out by councils, county councils or drainage unions despite, clause 35 and items 2 and 11 of schedule 1 to the Environmental Planning and Assessment Act Model Provisions 1980, as adopted by this plan.
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