South Australian Repealed Acts

This legislation has been repealed.

SOIL CONSERVATION AND LAND CARE ACT 1989 - SECT 38

38—Soil conservation orders

        (1)         If, as a result of its own investigations or on information given by some other person, a board is of the opinion—

            (a)         that land within its district is degraded or is likely to suffer degradation; or

            (b)         that land management practices adopted in relation to land within its district have caused or are likely to cause degradation of other land (whether inside or outside the district); or

            (c)         that the taking of particular action in relation to land within its district would prevent or minimise degradation of other land (whether inside or outside the district); or

            (d)         that the owner of land within its district has, without reasonable excuse, failed to implement an approved property plan and that failure has caused, or is likely to cause, degradation of that land or any other land (whether inside or outside the district),

the board may, by notice in writing to the owner of that land within its district, make an order (a "soil conservation order") requiring the landowner to take such action, or to desist or refrain from taking such action, in relation to the land or any other land as may be specified in the notice.

        (2)         Without limiting the generality of subsection (1), a soil conservation order may require the landowner—

            (a)         to plant specified vegetation or refrain from destroying specified vegetation;

            (b)         to adopt, refrain from adopting or desist from specified land management practices;

            (c)         to carry out specified works on the land;

            (d)         to take specified action to make good any damage caused to any other land specified in the order;

            (e)         to remove a specified number of stock from the land or a particular part of the land;

            (f)         to keep the number of stock on the land or a particular part of the land to a specified level, or to keep no stock at all on that land;

            (g)         where the board thinks that longer term action is required, to submit to the board a property plan (if no such plan has been approved in relation to the land) detailing the proposed management of the land over a specified period.

        (3)         A soil conservation order may provide—

            (a)         that it is to have effect for a specified period; or

            (b)         that is to have effect until the board, on the application of the landowner, directs that the order cease to operate.

        (4)         A board may, by notice in writing to the landowner, vary or revoke a soil conservation order.

        (4aaa)         If a soil conservation order applies to land within the Murray-Darling Basin, the order and any variation of the order must seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act (insofar as they may be relevant).

        (4aa)         If a board proposes to make or vary an order that applies to land within a River Murray Protection Area and is within a class of orders prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of all such orders), the board must, before making or varying the order—

            (a)         consult the Minister to whom the administration of the River Murray Act 2003 is committed; and

            (b)         comply with the Minister's directions (if any) in relation to the order (including a direction as to the requirements of the order).

        (4a)         Where a board proposes to make or vary a soil conservation order that would require a landowner to undertake an activity for which a permit would, but for section 12 of the Water Resources Act 1997 , be required under that Act, the board must not make or vary the order without first consulting and having regard to the views of the authority under that Act to whom an application for a permit for that activity would otherwise have to be made.

        (5)         Before making or varying a soil conservation order, the board must endeavour to negotiate with the landowner with a view to the contemplated action being undertaken by the landowner on a voluntary basis.

        (6)         If a board is satisfied on the written application of the landowner the subject of a soil conservation order that the order has been complied with or is otherwise exhausted, the board must revoke the order.

        (7)         A board must, on making, varying or revoking a soil conservation order, forward a copy of the order or the variation or revocation to the Conservator.