{"id":"qld:act-1986-037","name":"Soil Conservation Act 1986","slug":"soil-conservation-act-1986","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"37 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104939,"registerId":"qld-act-1986-037-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Soil Conservation Act 1986 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 28 November 1995 RA s 36","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1995 No. 58 s 4 sch 1","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 om 1995 No. 58 s 4 sch 1","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Restriction on subdivision","content":"### sec.5 Restriction on subdivision\n\nA regulation may provide that a local government must not, without the chief executive’s consent, approve a plan of subdivision of land specified in the regulation, if the land is the subject of an approved plan.\nIf a regulation mentioned in subsection (1) is made, the chief executive may withhold consent to a subdivision if the chief executive considers the subdivision would hinder or prevent the effective operation of an approved plan.\ns 5 sub 1993 No. 70 s 804 sch\n(sec.5-ssec.1) A regulation may provide that a local government must not, without the chief executive’s consent, approve a plan of subdivision of land specified in the regulation, if the land is the subject of an approved plan.\n(sec.5-ssec.2) If a regulation mentioned in subsection (1) is made, the chief executive may withhold consent to a subdivision if the chief executive considers the subdivision would hinder or prevent the effective operation of an approved plan.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nIn this Act—\napproved form see section 40A .\ns 6 def approved form ins 1995 No. 58 s 4 sch 1\napproved plan means an approved property or project plan.\napproved project plan means a soil conservation project plan, and amendments thereof, approved under part 4 .\napproved property plan means a soil conservation property plan, and amendments thereof, approved under part 3 .\nArea ...\ns 6 def Area om 1995 No. 58 s 4 sch 1\nchief executive ...\ns 6 def chief executive ins 1993 No. 70 s 804 sch\nom 1994 No. 15 s 3 sch 1\ncontiguous , with reference to land, includes land which is separated only by a gazetted road, stock route, drainage easement or similar reserve or easement.\nDirector-General ...\ns 6 def Director-General sub 1993 No. 70 s 804 sch\nom 1994 No. 15 s 3 sch 1\nfarm land means land used or about to be used for agricultural, pastoral or forestry production.\nLocal Authority ...\ns 6 def Local Authority om 1995 No. 58 s 4 sch 1\nMinister ...\ns 6 def Minister om 1993 No. 70 s 804 sch\noccupier means the person in actual occupation of land or if there is no person in actual occupation the person entitled to possession of the land.\nowner means the person other than the Crown or a person representing the Crown who for the time being is entitled to receive the rents or profits of the land in connection with which the word is used, and includes a statutory authority and a person who is the holder of a lease, licence or permit from the Crown or a person deriving title thereunder.\nproject area means a soil conservation project area constituted in accordance with part 4 .\nQIDC ...\ns 6 def QIDC om 1995 No. 58 s 4 sch 1\nrun-off water means water which accumulates on the soil surface as a result of rainfall and flows over the soil surface from higher to lower land.\nsoil conservation means the prevention or mitigation of soil erosion.\nsoil conservation measures means works, land management practices, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or controlling or directing run-off water flow or for another purpose within the scope of this Act.\nsoil erosion means the natural or accelerated removal or deposition of soil which may be detrimental to agricultural, pastoral, or forestry activities, or engineering works of a public utility.\nstatutory authority means—\na local government; or\nthe chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or\na river improvement trust; or\nanother entity that is a corporation under an Act.\ns 6 def statutory authority sub 1995 No. 58 s 4 sch 1\namd 2000 No. 26 s 12 sch\nworks means structures necessary for soil conservation and operations incidental thereto and includes works required to be done by or pursuant to this Act.\ns 6 sub 1995 No. 58 s 4 sch 1\n- (a) a local government; or\n- (b) the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or\n- (d) a river improvement trust; or\n- (e) another entity that is a corporation under an Act.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Functions and duties of the chief executive with respect to soil conservation","content":"### sec.7 Functions and duties of the chief executive with respect to soil conservation\n\nThe functions and duties of the chief executive with respect to matters pertaining to soil conservation shall be—\nthe dissemination of information with regard to soil conservation;\ninstruction concerning and assistance in matters pertaining to soil conservation;\nthe carrying out of investigations to ascertain the nature and extent of soil erosion throughout the State;\nthe investigation and design of soil conservation measures, and the planning of the utilisation of land to give effect to those measures;\nthe carrying out of experiments in soil conservation and the establishment of soil conservation demonstration areas;\nthe recording and publishing of the results of those investigations, designs, experiments, and demonstration areas;\nsuch other functions and duties as are prescribed by regulation.\ns 7 amd 1994 No. 15 s 3 sch 1\n- (a) the dissemination of information with regard to soil conservation;\n- (b) instruction concerning and assistance in matters pertaining to soil conservation;\n- (c) the carrying out of investigations to ascertain the nature and extent of soil erosion throughout the State;\n- (d) the investigation and design of soil conservation measures, and the planning of the utilisation of land to give effect to those measures;\n- (e) the carrying out of experiments in soil conservation and the establishment of soil conservation demonstration areas;\n- (f) the recording and publishing of the results of those investigations, designs, experiments, and demonstration areas;\n- (g) such other functions and duties as are prescribed by regulation.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Powers and duties incidental to administration of Act","content":"### sec.8 Powers and duties incidental to administration of Act\n\nThe chief executive may—\nby agreement with an occupier or owner, conduct or cause to be conducted experiments and demonstrations pertaining to soil conservation on any land;\nemploy as many persons as may be required for the conduct of those experiments and demonstrations;\nappoint such committees as the chief executive considers necessary or desirable to assist the chief executive in carrying this Act into effect.\nA committee appointed under subsection (1) may exercise the powers and perform the functions and duties as are conferred or imposed upon it by the chief executive and are consistent with the provisions of this Act.\nA person appointed to a committee under this section may be paid expenses necessarily and reasonably incurred by the person in attending meetings of the committee or in connection with the discharge of the person’s functions or duties under this Act and approved by the chief executive.\nFor a purpose of or connected with the exercise or performance of a power, function or duty conferred or imposed by or pursuant to this Act the chief executive may enter upon land to—\nmake a plan or survey, or take levels;\nplace, make, affix or set up survey pegs, marks or poles and alter, remove, inspect, reinstate or repair the same;\ndig or bore for the purpose of works thereon or to ascertain the nature of the soil therein;\nmake an inspection or examination including examining whether a provision of this Act or any requisition, notice or order issued pursuant to this Act is being complied with or contravened;\ndo all other acts as are reasonably necessary for a purpose referred to in this Act.\nThe power to enter upon land includes power to re-enter and to remain upon that land for such time as is necessary to achieve the purpose of entry, and to take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of entry.\nWhen the purpose of entry on land is to carry out works to effect compliance with a requisition, notice or order issued pursuant to this Act, the occupier of the land shall be given at least 7 days notice of intention to enter upon the occupier’s land.\ns 8 amd 1994 No. 15 s 3 sch 1\n(sec.8-ssec.1) The chief executive may— by agreement with an occupier or owner, conduct or cause to be conducted experiments and demonstrations pertaining to soil conservation on any land; employ as many persons as may be required for the conduct of those experiments and demonstrations; appoint such committees as the chief executive considers necessary or desirable to assist the chief executive in carrying this Act into effect.\n(sec.8-ssec.2) A committee appointed under subsection (1) may exercise the powers and perform the functions and duties as are conferred or imposed upon it by the chief executive and are consistent with the provisions of this Act.\n(sec.8-ssec.2A) A person appointed to a committee under this section may be paid expenses necessarily and reasonably incurred by the person in attending meetings of the committee or in connection with the discharge of the person’s functions or duties under this Act and approved by the chief executive.\n(sec.8-ssec.3) For a purpose of or connected with the exercise or performance of a power, function or duty conferred or imposed by or pursuant to this Act the chief executive may enter upon land to— make a plan or survey, or take levels; place, make, affix or set up survey pegs, marks or poles and alter, remove, inspect, reinstate or repair the same; dig or bore for the purpose of works thereon or to ascertain the nature of the soil therein; make an inspection or examination including examining whether a provision of this Act or any requisition, notice or order issued pursuant to this Act is being complied with or contravened; do all other acts as are reasonably necessary for a purpose referred to in this Act.\n(sec.8-ssec.4) The power to enter upon land includes power to re-enter and to remain upon that land for such time as is necessary to achieve the purpose of entry, and to take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of entry.\n(sec.8-ssec.5) When the purpose of entry on land is to carry out works to effect compliance with a requisition, notice or order issued pursuant to this Act, the occupier of the land shall be given at least 7 days notice of intention to enter upon the occupier’s land.\n- (a) by agreement with an occupier or owner, conduct or cause to be conducted experiments and demonstrations pertaining to soil conservation on any land;\n- (b) employ as many persons as may be required for the conduct of those experiments and demonstrations;\n- (c) appoint such committees as the chief executive considers necessary or desirable to assist the chief executive in carrying this Act into effect.\n- (a) make a plan or survey, or take levels;\n- (b) place, make, affix or set up survey pegs, marks or poles and alter, remove, inspect, reinstate or repair the same;\n- (c) dig or bore for the purpose of works thereon or to ascertain the nature of the soil therein;\n- (d) make an inspection or examination including examining whether a provision of this Act or any requisition, notice or order issued pursuant to this Act is being complied with or contravened;\n- (e) do all other acts as are reasonably necessary for a purpose referred to in this Act.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 1994 No. 15 s 3 sch 1","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Approved property plans","content":"# Approved property plans","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Preparation and approval of property plan","content":"### sec.10 Preparation and approval of property plan\n\nAn owner may make application to the chief executive for approval of a property plan for soil conservation for an area of land, in this part referred to as the subject land , owned by the owner.\nA property plan shall delineate the boundaries of the subject land and comprise a map and specifications which describe all soil conservation measures, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or of controlling or directing run-off water flow or for any over purpose within the scope of this Act.\nFor the purpose of this part, land shall be deemed to be affected by the implementation, amendment or revocation of a property plan where it—\nis owned by a person other than the owner of the subject land; and\nis contiguous to the subject land; and\ndischarges run-off water from a catchment area greater than 2 ha, under natural or controlled flow conditions, directly or indirectly onto the subject land or receives run-off water directly or indirectly from the subject land, and where the implementation, amendment or revocation of a property plan on the subject land would—\nchange the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or\nchange the location of receipt of run-off water from the subject land; or\nincrease the risk of damage to the lower land in the event of failure of the proposed works.\nWhere land other than the subject land would not be affected by the implementation of a property plan, the chief executive may, with the agreement of the owner of the subject land, approve the plan.\nWhere land other than the subject land would be affected by the implementation of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the plan with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the plan the chief executive may approve the plan.\nWhere the chief executive intends to approve a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the plan, the chief executive shall—\nby notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and\nserve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of affected land a copy of the notice referred to in paragraph (a) and a copy of the plan.\nWhere no objection is lodged within the period referred to in subsection (6) , the chief executive may approve the property plan.\nWhere an objection to the proposed property plan is lodged but there is no appeal against the chief executive’s determination of that objection, or an appeal is lodged but withdrawn, the chief executive may approve the plan, modified where applicable to incorporate those determinations.\nWhere an appeal is determined by the Land Court the chief executive may approve the property plan, modified where applicable to incorporate the determinations of the Land Court and those of the chief executive not appealed against.\nWhere a property plan is approved, the chief executive shall give written notice of that approval together with a copy of the approved plan to—\nthe owner, or where the owner is not in occupation, the occupier, of the subject land and any affected land; and\nthe local government for the area in which the subject land and any affected land is situated.\ns 10 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1\n(sec.10-ssec.1) An owner may make application to the chief executive for approval of a property plan for soil conservation for an area of land, in this part referred to as the subject land , owned by the owner.\n(sec.10-ssec.2) A property plan shall delineate the boundaries of the subject land and comprise a map and specifications which describe all soil conservation measures, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or of controlling or directing run-off water flow or for any over purpose within the scope of this Act.\n(sec.10-ssec.3) For the purpose of this part, land shall be deemed to be affected by the implementation, amendment or revocation of a property plan where it— is owned by a person other than the owner of the subject land; and is contiguous to the subject land; and discharges run-off water from a catchment area greater than 2 ha, under natural or controlled flow conditions, directly or indirectly onto the subject land or receives run-off water directly or indirectly from the subject land, and where the implementation, amendment or revocation of a property plan on the subject land would— change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or change the location of receipt of run-off water from the subject land; or increase the risk of damage to the lower land in the event of failure of the proposed works.\n(sec.10-ssec.4) Where land other than the subject land would not be affected by the implementation of a property plan, the chief executive may, with the agreement of the owner of the subject land, approve the plan.\n(sec.10-ssec.5) Where land other than the subject land would be affected by the implementation of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the plan with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the plan the chief executive may approve the plan.\n(sec.10-ssec.6) Where the chief executive intends to approve a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the plan, the chief executive shall— by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and serve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of affected land a copy of the notice referred to in paragraph (a) and a copy of the plan.\n(sec.10-ssec.7) Where no objection is lodged within the period referred to in subsection (6) , the chief executive may approve the property plan.\n(sec.10-ssec.8) Where an objection to the proposed property plan is lodged but there is no appeal against the chief executive’s determination of that objection, or an appeal is lodged but withdrawn, the chief executive may approve the plan, modified where applicable to incorporate those determinations.\n(sec.10-ssec.9) Where an appeal is determined by the Land Court the chief executive may approve the property plan, modified where applicable to incorporate the determinations of the Land Court and those of the chief executive not appealed against.\n(sec.10-ssec.10) Where a property plan is approved, the chief executive shall give written notice of that approval together with a copy of the approved plan to— the owner, or where the owner is not in occupation, the occupier, of the subject land and any affected land; and the local government for the area in which the subject land and any affected land is situated.\n- (a) is owned by a person other than the owner of the subject land; and\n- (b) is contiguous to the subject land; and\n- (c) discharges run-off water from a catchment area greater than 2 ha, under natural or controlled flow conditions, directly or indirectly onto the subject land or receives run-off water directly or indirectly from the subject land, and where the implementation, amendment or revocation of a property plan on the subject land would— (i) change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or (ii) change the location of receipt of run-off water from the subject land; or (iii) increase the risk of damage to the lower land in the event of failure of the proposed works.\n- (i) change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or\n- (ii) change the location of receipt of run-off water from the subject land; or\n- (iii) increase the risk of damage to the lower land in the event of failure of the proposed works.\n- (i) change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or\n- (ii) change the location of receipt of run-off water from the subject land; or\n- (iii) increase the risk of damage to the lower land in the event of failure of the proposed works.\n- (a) by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and\n- (b) serve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of affected land a copy of the notice referred to in paragraph (a) and a copy of the plan.\n- (a) the owner, or where the owner is not in occupation, the occupier, of the subject land and any affected land; and\n- (b) the local government for the area in which the subject land and any affected land is situated.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Run-off coordination notice","content":"### sec.11 Run-off coordination notice\n\nWhere the chief executive is of the opinion that the discharge or receipt of run-off water onto or across a property boundary is not in accordance with an approved property plan, the chief executive may give a run-off coordination notice to the owner, or where the owner is not in occupation then the occupier, of the land from or on which the run-off water is being discharged or received, as the case may be.\nA run-off coordination notice may require the person to whom it is given to do any of the following, to discharge or receive run-off water onto or across a property boundary in accordance with an approved property plan—\nto remove, alter or repair a bank, channel, ditch, vegetation or thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from construction, excavation or accumulation of the bank, channel, ditch, vegetation or thing as aforesaid;\nto undertake, construct, excavate or maintain such soil conservation measures as are specified in the plan.\nA run-off coordination notice shall specify the period of time within which all the matters specified in the notice shall be completed and may require any of those matters to be done under the supervision of a delegate of the chief executive.\nNotwithstanding section 38 , where a person fails to comply with a run-off coordination notice the chief executive may apply to the Supreme Court for an order or an injunction directing that person to comply with or, as the case may be, to refrain from contravening the notice.\nFor the purposes of an application made pursuant to subsection (4) the chief executive shall be deemed to possess a sufficient interest or right in law to support the granting of such a remedy.\ns 11 amd 1994 No. 15 s 3 sch 1\n(sec.11-ssec.1) Where the chief executive is of the opinion that the discharge or receipt of run-off water onto or across a property boundary is not in accordance with an approved property plan, the chief executive may give a run-off coordination notice to the owner, or where the owner is not in occupation then the occupier, of the land from or on which the run-off water is being discharged or received, as the case may be.\n(sec.11-ssec.2) A run-off coordination notice may require the person to whom it is given to do any of the following, to discharge or receive run-off water onto or across a property boundary in accordance with an approved property plan— to remove, alter or repair a bank, channel, ditch, vegetation or thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from construction, excavation or accumulation of the bank, channel, ditch, vegetation or thing as aforesaid; to undertake, construct, excavate or maintain such soil conservation measures as are specified in the plan.\n(sec.11-ssec.3) A run-off coordination notice shall specify the period of time within which all the matters specified in the notice shall be completed and may require any of those matters to be done under the supervision of a delegate of the chief executive.\n(sec.11-ssec.4) Notwithstanding section 38 , where a person fails to comply with a run-off coordination notice the chief executive may apply to the Supreme Court for an order or an injunction directing that person to comply with or, as the case may be, to refrain from contravening the notice.\n(sec.11-ssec.5) For the purposes of an application made pursuant to subsection (4) the chief executive shall be deemed to possess a sufficient interest or right in law to support the granting of such a remedy.\n- (a) to remove, alter or repair a bank, channel, ditch, vegetation or thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from construction, excavation or accumulation of the bank, channel, ditch, vegetation or thing as aforesaid;\n- (b) to undertake, construct, excavate or maintain such soil conservation measures as are specified in the plan.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Amendment of approved property plans","content":"### sec.12 Amendment of approved property plans\n\nAn owner of subject or affected land may make application in writing to the chief executive for amendment to an approved property plan.\nThe provisions of section 10 , with and subject to all necessary adaptations, shall apply to an application made pursuant to subsection (1) as if that application were an application under section 10 .\ns 12 amd 1994 No. 15 s 3 sch 1\n(sec.12-ssec.1) An owner of subject or affected land may make application in writing to the chief executive for amendment to an approved property plan.\n(sec.12-ssec.2) The provisions of section 10 , with and subject to all necessary adaptations, shall apply to an application made pursuant to subsection (1) as if that application were an application under section 10 .","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Revocation of an approved property plan","content":"### sec.13 Revocation of an approved property plan\n\nThe chief executive may revoke the approval of a property plan or part of it, if the chief executive considers that circumstances no longer require or justify the continuance of the approved property plan or that part of it.\nThe chief executive may, where land other than the subject land would not be affected by the proposed revocation of the approval of an approved property plan, with the agreement of the owner of the subject land, revoke the approval of the plan.\nWhere land other than the subject land would be affected by the revocation of the chief executive’s approval of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the proposed revocation with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the proposed revocation of the plan the chief executive may revoke the approval of the plan.\nWhere the chief executive intends to revoke the approval of a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the proposed revocation, the chief executive shall, by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice of the proposed revocation and that all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the proposed revocation may be lodged in accordance with the provisions of part 5 .\nWhere no objection is lodged within the period referred to in subsection (4) , the chief executive may revoke the approval of the property plan.\nWhere an objection to the proposed revocation is lodged but there is no appeal against the chief executive’s determination to proceed with the revocation or an appeal is lodged but withdrawn or dismissed by the Land Court, the chief executive may revoke the approval of the property plan.\nWhere an appeal is upheld by the Land Court, the chief executive’s approval of the property plan shall not be revoked.\nWhere the approval of a property plan is revoked, the chief executive shall give notice of the revocation—\nin writing, to—\nthe owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and\nthe local government for the area in which the subject land and any affected land is situated; and\nat least once in at least 1 newspaper circulating in the locality of the subject land.\ns 13 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1\n(sec.13-ssec.1) The chief executive may revoke the approval of a property plan or part of it, if the chief executive considers that circumstances no longer require or justify the continuance of the approved property plan or that part of it.\n(sec.13-ssec.2) The chief executive may, where land other than the subject land would not be affected by the proposed revocation of the approval of an approved property plan, with the agreement of the owner of the subject land, revoke the approval of the plan.\n(sec.13-ssec.3) Where land other than the subject land would be affected by the revocation of the chief executive’s approval of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the proposed revocation with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the proposed revocation of the plan the chief executive may revoke the approval of the plan.\n(sec.13-ssec.4) Where the chief executive intends to revoke the approval of a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the proposed revocation, the chief executive shall, by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice of the proposed revocation and that all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the proposed revocation may be lodged in accordance with the provisions of part 5 .\n(sec.13-ssec.5) Where no objection is lodged within the period referred to in subsection (4) , the chief executive may revoke the approval of the property plan.\n(sec.13-ssec.6) Where an objection to the proposed revocation is lodged but there is no appeal against the chief executive’s determination to proceed with the revocation or an appeal is lodged but withdrawn or dismissed by the Land Court, the chief executive may revoke the approval of the property plan.\n(sec.13-ssec.7) Where an appeal is upheld by the Land Court, the chief executive’s approval of the property plan shall not be revoked.\n(sec.13-ssec.8) Where the approval of a property plan is revoked, the chief executive shall give notice of the revocation— in writing, to— the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and the local government for the area in which the subject land and any affected land is situated; and at least once in at least 1 newspaper circulating in the locality of the subject land.\n- (a) in writing, to— (i) the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and (ii) the local government for the area in which the subject land and any affected land is situated; and\n- (i) the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and\n- (ii) the local government for the area in which the subject land and any affected land is situated; and\n- (b) at least once in at least 1 newspaper circulating in the locality of the subject land.\n- (i) the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and\n- (ii) the local government for the area in which the subject land and any affected land is situated; and","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Project areas","content":"# Project areas","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Preparation of project plan","content":"### sec.14 Preparation of project plan\n\nBefore an area is constituted a project area the chief executive shall prepare, and there shall be, an approved project plan for that area.\nA project plan shall delineate the boundaries of the proposed project area and comprise a map and specifications which describe all soil conservation measures, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or of controlling or directing run-off water flow or for any other purpose within the scope of this Act.\nThe chief executive shall in the preparation of a project plan classify all works for the implementation of that plan into either community works or owner works.\nFor the purposes of this part—\ncommunity works are those works that in the opinion of the chief executive are for the general benefit of the community affected by a proposed project plan or for the particular benefit of a group of owners whose land comprises part or all of a proposed project area;\nowner works are works other than community works.\nA preliminary estimate showing the capital cost of works necessary to implement a project plan shall be prepared by the chief executive showing separately the estimated costs of community works and owner works both in the aggregate and in respect of each parcel of land.\nThe chief executive shall, where possible during the preparation of a project plan, consult with all persons who in the chief executive’s opinion will be or are likely to be affected by the implementation of the project plan.\nWhen a project plan has been prepared the chief executive shall—\nby notice published at least once in at least 1 newspaper circulating in the proposed project area, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the project area for a period determined by the chief executive being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and\nserve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of land which will be or is likely to be affected by the implementation of the plan a copy of the notice referred to in paragraph (a) and a copy of the plan.\ns 14 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1\n(sec.14-ssec.1) Before an area is constituted a project area the chief executive shall prepare, and there shall be, an approved project plan for that area.\n(sec.14-ssec.2) A project plan shall delineate the boundaries of the proposed project area and comprise a map and specifications which describe all soil conservation measures, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or of controlling or directing run-off water flow or for any other purpose within the scope of this Act.\n(sec.14-ssec.3) The chief executive shall in the preparation of a project plan classify all works for the implementation of that plan into either community works or owner works.\n(sec.14-ssec.4) For the purposes of this part— community works are those works that in the opinion of the chief executive are for the general benefit of the community affected by a proposed project plan or for the particular benefit of a group of owners whose land comprises part or all of a proposed project area; owner works are works other than community works.\n(sec.14-ssec.5) A preliminary estimate showing the capital cost of works necessary to implement a project plan shall be prepared by the chief executive showing separately the estimated costs of community works and owner works both in the aggregate and in respect of each parcel of land.\n(sec.14-ssec.6) The chief executive shall, where possible during the preparation of a project plan, consult with all persons who in the chief executive’s opinion will be or are likely to be affected by the implementation of the project plan.\n(sec.14-ssec.7) When a project plan has been prepared the chief executive shall— by notice published at least once in at least 1 newspaper circulating in the proposed project area, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the project area for a period determined by the chief executive being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and serve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of land which will be or is likely to be affected by the implementation of the plan a copy of the notice referred to in paragraph (a) and a copy of the plan.\n- (a) community works are those works that in the opinion of the chief executive are for the general benefit of the community affected by a proposed project plan or for the particular benefit of a group of owners whose land comprises part or all of a proposed project area;\n- (b) owner works are works other than community works.\n- (a) by notice published at least once in at least 1 newspaper circulating in the proposed project area, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the project area for a period determined by the chief executive being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and\n- (b) serve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of land which will be or is likely to be affected by the implementation of the plan a copy of the notice referred to in paragraph (a) and a copy of the plan.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Approval of project plan","content":"### sec.15 Approval of project plan\n\nWhere no objection is lodged within the period determined pursuant to section 14 (7) , the proposed project plan together with the chief executive’s recommendation shall be submitted to the Governor in Council who may approve the plan.\nWhere an objection to the proposed project plan is lodged, but there is no appeal against the chief executive’s determination of that objection, or an appeal is lodged but withdrawn and the chief executive elects to proceed with the proposal, the following shall be submitted to the Governor in Council—\na copy of the proposed project plan which was available for inspection pursuant to section 14 (7) ;\na list of the objections to the proposed project plan which the chief executive received and the chief executive’s determination on each;\na list of modifications (if any) to the proposed project plan which give effect to the chief executive’s determinations;\nand the Governor in Council may approve the proposed project plan, modified where applicable to give effect to the chief executive’s determinations.\nWhere an appeal is determined by the Land Court and the chief executive elects to proceed with the proposal, the following shall be submitted to the Governor in Council—\na copy of the proposed project plan which was available for inspection pursuant to section 14 (7) ;\na list of the objections to the proposed project plan which the chief executive received and the chief executive’s determination on each;\na list of appeals to the Land Court against the chief executive’s determination and the Land Court’s determination on each;\na copy of a plan, modified where applicable, which incorporates those determinations of the chief executive not appealed against and the determinations of the Land Court;\nand the Governor in Council may approve the proposed project plan modified where applicable, to give effect to the determinations of the chief executive not appealed against and the determinations of the Land Court.\nWhere a project plan is approved, the chief executive shall give notice of the approval—\nin writing, together with a copy of the approved plan, to—\nall the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and\nthe local government for the area in which the land included in the plan is situated; and\nat least once in at least 1 newspaper circulating in the locality of the land included in the plan.\ns 15 amd 1994 No. 15 s 3 sch 1\n(sec.15-ssec.1) Where no objection is lodged within the period determined pursuant to section 14 (7) , the proposed project plan together with the chief executive’s recommendation shall be submitted to the Governor in Council who may approve the plan.\n(sec.15-ssec.2) Where an objection to the proposed project plan is lodged, but there is no appeal against the chief executive’s determination of that objection, or an appeal is lodged but withdrawn and the chief executive elects to proceed with the proposal, the following shall be submitted to the Governor in Council— a copy of the proposed project plan which was available for inspection pursuant to section 14 (7) ; a list of the objections to the proposed project plan which the chief executive received and the chief executive’s determination on each; a list of modifications (if any) to the proposed project plan which give effect to the chief executive’s determinations; and the Governor in Council may approve the proposed project plan, modified where applicable to give effect to the chief executive’s determinations.\n(sec.15-ssec.3) Where an appeal is determined by the Land Court and the chief executive elects to proceed with the proposal, the following shall be submitted to the Governor in Council— a copy of the proposed project plan which was available for inspection pursuant to section 14 (7) ; a list of the objections to the proposed project plan which the chief executive received and the chief executive’s determination on each; a list of appeals to the Land Court against the chief executive’s determination and the Land Court’s determination on each; a copy of a plan, modified where applicable, which incorporates those determinations of the chief executive not appealed against and the determinations of the Land Court; and the Governor in Council may approve the proposed project plan modified where applicable, to give effect to the determinations of the chief executive not appealed against and the determinations of the Land Court.\n(sec.15-ssec.4) Where a project plan is approved, the chief executive shall give notice of the approval— in writing, together with a copy of the approved plan, to— all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and the local government for the area in which the land included in the plan is situated; and at least once in at least 1 newspaper circulating in the locality of the land included in the plan.\n- (a) a copy of the proposed project plan which was available for inspection pursuant to section 14 (7) ;\n- (b) a list of the objections to the proposed project plan which the chief executive received and the chief executive’s determination on each;\n- (c) a list of modifications (if any) to the proposed project plan which give effect to the chief executive’s determinations;\n- (a) a copy of the proposed project plan which was available for inspection pursuant to section 14 (7) ;\n- (b) a list of the objections to the proposed project plan which the chief executive received and the chief executive’s determination on each;\n- (c) a list of appeals to the Land Court against the chief executive’s determination and the Land Court’s determination on each;\n- (d) a copy of a plan, modified where applicable, which incorporates those determinations of the chief executive not appealed against and the determinations of the Land Court;\n- (a) in writing, together with a copy of the approved plan, to— (i) all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and (ii) the local government for the area in which the land included in the plan is situated; and\n- (i) all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and\n- (ii) the local government for the area in which the land included in the plan is situated; and\n- (b) at least once in at least 1 newspaper circulating in the locality of the land included in the plan.\n- (i) all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and\n- (ii) the local government for the area in which the land included in the plan is situated; and","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Constitution of area","content":"### sec.16 Constitution of area\n\nThe approval of the Governor in Council pursuant to section 15 shall be by regulation.\nOn the approval of a project plan that part of the State over which the plan subsists shall, until the plan is revoked, be constituted a project area under such name as may be specified in the regulation.\nIf the Governor in Council does not approve the proposed project plan, the Governor in Council’s decision shall be notified by publication in the gazette.\nA regulation may—\nunite 2 or more project areas as 1 project area under such name as may be specified in the regulation;\ndivide a project area into 2 or more project areas under such names as may be specified in the regulation.\nA notification under subsection (3) is not subordinate legislation.\ns 16 amd 1994 No. 15 s 3 sch 1\n(sec.16-ssec.1) The approval of the Governor in Council pursuant to section 15 shall be by regulation.\n(sec.16-ssec.2) On the approval of a project plan that part of the State over which the plan subsists shall, until the plan is revoked, be constituted a project area under such name as may be specified in the regulation.\n(sec.16-ssec.3) If the Governor in Council does not approve the proposed project plan, the Governor in Council’s decision shall be notified by publication in the gazette.\n(sec.16-ssec.4) A regulation may— unite 2 or more project areas as 1 project area under such name as may be specified in the regulation; divide a project area into 2 or more project areas under such names as may be specified in the regulation.\n(sec.16-ssec.5) A notification under subsection (3) is not subordinate legislation.\n- (a) unite 2 or more project areas as 1 project area under such name as may be specified in the regulation;\n- (b) divide a project area into 2 or more project areas under such names as may be specified in the regulation.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Implementation of approved project plan","content":"### sec.17 Implementation of approved project plan\n\nThe chief executive may, in accordance with an approved project plan, give a soil conservation order to an owner, or where the owner is not in occupation then the occupier, within the project area requiring that person to undertake, construct and maintain in or on the person’s land the soil conservation measures specified in the order.\nWithout limiting the generality of the provision of subsection (1) a soil conservation order may require the person to whom it is given to take action—\nto prevent or mitigate the erosion, drift or movement of soil or water on or from land specified in the order;\nto remove, alter or repair a bank, channel, ditch, vegetation or other thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from the construction, excavation or accumulation of the bank, channel, ditch, vegetation or other thing;\nto undertake, construct, excavate, or maintain soil conservation measures which in the opinion of the chief executive are necessary for the effective implementation of soil conservation;\nto do or take any other step which is required to be done or taken by the person to comply with the approved project plan.\nA soil conservation order shall specify the period of time within which all the matters specified in the order shall be completed and may require any of those matters to be done under the supervision of a delegate of the chief executive.\nA soil conservation order binds not only the owner, or where the owner is not in occupation the occupier, to whom it is given but also every other person who subsequently becomes the owner, or where the owner is not in occupation the occupier, of the land in question whether or not he or she had or would be deemed in law to have had notice of the existence of the order.\nWhere a person fails to comply with a soil conservation order the chief executive may do or cause to be done such acts as, in the chief executive’s opinion are necessary to fully comply with the order and, if the chief executive does so, the person who failed to comply with the order shall be liable (and in the case of more than 1 person, jointly and severally liable) to pay to the chief executive the expenses incurred by the chief executive in effecting compliance with the order and those expenses together with the legal costs of recovering those expenses may be recovered as a debt at the suit of the chief executive in a court of competent jurisdiction or by way of complaint under the Justices Act 1886 .\nThe fact that the chief executive undertook or constructed or, on occasion, maintained works shall not absolve the person to whom a soil conservation order is given of the duty, imposed by this section, to maintain those works.\nNotwithstanding subsections (5) and (5A) , where a person fails to comply with a soil conservation order the chief executive may apply to the Supreme Court for an order or an injunction directing that person to comply with or, as the case may be, to refrain from contravening the order.\nFor the purposes of an application made pursuant to subsection (6) the chief executive shall be deemed to possess a sufficient interest or right in law to support the granting of such a remedy.\ns 17 amd 1994 No. 15 s 3 sch 1\n(sec.17-ssec.1) The chief executive may, in accordance with an approved project plan, give a soil conservation order to an owner, or where the owner is not in occupation then the occupier, within the project area requiring that person to undertake, construct and maintain in or on the person’s land the soil conservation measures specified in the order.\n(sec.17-ssec.2) Without limiting the generality of the provision of subsection (1) a soil conservation order may require the person to whom it is given to take action— to prevent or mitigate the erosion, drift or movement of soil or water on or from land specified in the order; to remove, alter or repair a bank, channel, ditch, vegetation or other thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from the construction, excavation or accumulation of the bank, channel, ditch, vegetation or other thing; to undertake, construct, excavate, or maintain soil conservation measures which in the opinion of the chief executive are necessary for the effective implementation of soil conservation; to do or take any other step which is required to be done or taken by the person to comply with the approved project plan.\n(sec.17-ssec.3) A soil conservation order shall specify the period of time within which all the matters specified in the order shall be completed and may require any of those matters to be done under the supervision of a delegate of the chief executive.\n(sec.17-ssec.4) A soil conservation order binds not only the owner, or where the owner is not in occupation the occupier, to whom it is given but also every other person who subsequently becomes the owner, or where the owner is not in occupation the occupier, of the land in question whether or not he or she had or would be deemed in law to have had notice of the existence of the order.\n(sec.17-ssec.5) Where a person fails to comply with a soil conservation order the chief executive may do or cause to be done such acts as, in the chief executive’s opinion are necessary to fully comply with the order and, if the chief executive does so, the person who failed to comply with the order shall be liable (and in the case of more than 1 person, jointly and severally liable) to pay to the chief executive the expenses incurred by the chief executive in effecting compliance with the order and those expenses together with the legal costs of recovering those expenses may be recovered as a debt at the suit of the chief executive in a court of competent jurisdiction or by way of complaint under the Justices Act 1886 .\n(sec.17-ssec.5A) The fact that the chief executive undertook or constructed or, on occasion, maintained works shall not absolve the person to whom a soil conservation order is given of the duty, imposed by this section, to maintain those works.\n(sec.17-ssec.6) Notwithstanding subsections (5) and (5A) , where a person fails to comply with a soil conservation order the chief executive may apply to the Supreme Court for an order or an injunction directing that person to comply with or, as the case may be, to refrain from contravening the order.\n(sec.17-ssec.7) For the purposes of an application made pursuant to subsection (6) the chief executive shall be deemed to possess a sufficient interest or right in law to support the granting of such a remedy.\n- (a) to prevent or mitigate the erosion, drift or movement of soil or water on or from land specified in the order;\n- (b) to remove, alter or repair a bank, channel, ditch, vegetation or other thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from the construction, excavation or accumulation of the bank, channel, ditch, vegetation or other thing;\n- (c) to undertake, construct, excavate, or maintain soil conservation measures which in the opinion of the chief executive are necessary for the effective implementation of soil conservation;\n- (d) to do or take any other step which is required to be done or taken by the person to comply with the approved project plan.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Implementation of community works","content":"### sec.18 Implementation of community works\n\nWhere the successful implementation of an approved project plan depends on the construction or maintenance of works the responsibility for which is or is to be entrusted to a statutory authority, the statutory authority and the chief executive may, notwithstanding another Act or law, enter into an agreement for—\nthe sharing of the cost of construction or maintenance of the works; and\nthe acceptance by the statutory authority of the responsibility for the construction or maintenance of the works.\nWhere a statutory authority fails or refuses within a reasonable time after a request by the chief executive to enter into an agreement pursuant to subsection (1) , the Governor in Council may, by regulation, direct the statutory authority and the chief executive to do all matters and things as are specified in that direction which shall specify the apportionment of the costs involved between the chief executive and the statutory authority.\nA direction given pursuant to subsection (2) shall be binding upon the parties involved, and shall have the same force and effect as if the parties had entered into an agreement pursuant to subsection (1) .\nNotwithstanding another Act or law, upon the making of an agreement pursuant to subsection (1) or where a direction is given pursuant to subsection (2) , community works may be undertaken as a function of that statutory authority.\ns 18 amd 1994 No. 15 s 3 sch 1\n(sec.18-ssec.1) Where the successful implementation of an approved project plan depends on the construction or maintenance of works the responsibility for which is or is to be entrusted to a statutory authority, the statutory authority and the chief executive may, notwithstanding another Act or law, enter into an agreement for— the sharing of the cost of construction or maintenance of the works; and the acceptance by the statutory authority of the responsibility for the construction or maintenance of the works.\n(sec.18-ssec.2) Where a statutory authority fails or refuses within a reasonable time after a request by the chief executive to enter into an agreement pursuant to subsection (1) , the Governor in Council may, by regulation, direct the statutory authority and the chief executive to do all matters and things as are specified in that direction which shall specify the apportionment of the costs involved between the chief executive and the statutory authority.\n(sec.18-ssec.3) A direction given pursuant to subsection (2) shall be binding upon the parties involved, and shall have the same force and effect as if the parties had entered into an agreement pursuant to subsection (1) .\n(sec.18-ssec.4) Notwithstanding another Act or law, upon the making of an agreement pursuant to subsection (1) or where a direction is given pursuant to subsection (2) , community works may be undertaken as a function of that statutory authority.\n- (a) the sharing of the cost of construction or maintenance of the works; and\n- (b) the acceptance by the statutory authority of the responsibility for the construction or maintenance of the works.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Amendment of approved project plan","content":"### sec.19 Amendment of approved project plan\n\nThe chief executive may, upon the written request of an owner of land within an approved project area or of the chief executive’s own motion, determine that the approved project plan for that area should be amended.\nThe recommendation of the chief executive with respect to the amendment of an approved project plan shall be submitted to the Governor in Council.\nThe provisions of sections 14 to 16 , with and subject to all necessary adaptations, shall apply to the preparation and the recommendation of the approval of an amendment to an approved project plan and to the constitution of an amended project area as if that amendment and recommendation were a plan and recommendation under sections 14 and 15 respectively.\ns 19 amd 1994 No. 15 s 3 sch 1\n(sec.19-ssec.1) The chief executive may, upon the written request of an owner of land within an approved project area or of the chief executive’s own motion, determine that the approved project plan for that area should be amended.\n(sec.19-ssec.1A) The recommendation of the chief executive with respect to the amendment of an approved project plan shall be submitted to the Governor in Council.\n(sec.19-ssec.2) The provisions of sections 14 to 16 , with and subject to all necessary adaptations, shall apply to the preparation and the recommendation of the approval of an amendment to an approved project plan and to the constitution of an amended project area as if that amendment and recommendation were a plan and recommendation under sections 14 and 15 respectively.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Revocation of an approved project plan","content":"### sec.20 Revocation of an approved project plan\n\nThe chief executive may, upon the written request of an owner of land within an approved project area or of the chief executive’s own motion, determine that the approved project plan for that area should be revoked.\nThe chief executive shall, upon making a determination pursuant to subsection (1) , ensure that all reasonable efforts are made to discuss the effects of the revocation with all the owners, or where an owner is not in occupation, the occupier, of land within the project area.\nWhere the chief executive intends to recommend that the chief executive’s determination pursuant to subsection (1) be given effect, the chief executive shall, by notice published at least once in at least 1 newspaper circulating in the locality of the project area to which the project plan relates, give notice that the chief executive proposes to recommend the revocation of the approval of the project plan and that particulars of the proposed revocation will be available for inspection at the department’s office serving that project area for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the proposed revocation may be lodged in accordance with the provisions of part 5 .\nWhere no objection is lodged within the period determined pursuant to subsection (3) or where an objection to the proposed revocation is lodged but no appeal is lodged against the chief executive’s determination to proceed with recommending the revocation or an appeal is lodged but is withdrawn or is dismissed by the Land Court, the chief executive may recommend the revocation of the Governor in Council’s approval of the project plan and the Governor in Council may, by regulation, revoke the chief executive’s approval of the project plan.\nWhere an appeal is upheld by the Land Court the chief executive shall not recommend the revocation of the Governor in Council’s approval of the project plan.\nWhere the approval of a project plan is revoked, the chief executive shall give notice of the revocation—\nin writing, to—\nall the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and\nthe local government for the area in which the land included in the plan is situated; and\nat least once in at least 1 newspaper circulating in the locality of the land included in the plan.\ns 20 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1\n(sec.20-ssec.1) The chief executive may, upon the written request of an owner of land within an approved project area or of the chief executive’s own motion, determine that the approved project plan for that area should be revoked.\n(sec.20-ssec.2) The chief executive shall, upon making a determination pursuant to subsection (1) , ensure that all reasonable efforts are made to discuss the effects of the revocation with all the owners, or where an owner is not in occupation, the occupier, of land within the project area.\n(sec.20-ssec.3) Where the chief executive intends to recommend that the chief executive’s determination pursuant to subsection (1) be given effect, the chief executive shall, by notice published at least once in at least 1 newspaper circulating in the locality of the project area to which the project plan relates, give notice that the chief executive proposes to recommend the revocation of the approval of the project plan and that particulars of the proposed revocation will be available for inspection at the department’s office serving that project area for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the proposed revocation may be lodged in accordance with the provisions of part 5 .\n(sec.20-ssec.4) Where no objection is lodged within the period determined pursuant to subsection (3) or where an objection to the proposed revocation is lodged but no appeal is lodged against the chief executive’s determination to proceed with recommending the revocation or an appeal is lodged but is withdrawn or is dismissed by the Land Court, the chief executive may recommend the revocation of the Governor in Council’s approval of the project plan and the Governor in Council may, by regulation, revoke the chief executive’s approval of the project plan.\n(sec.20-ssec.5) Where an appeal is upheld by the Land Court the chief executive shall not recommend the revocation of the Governor in Council’s approval of the project plan.\n(sec.20-ssec.6) Where the approval of a project plan is revoked, the chief executive shall give notice of the revocation— in writing, to— all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and the local government for the area in which the land included in the plan is situated; and at least once in at least 1 newspaper circulating in the locality of the land included in the plan.\n- (a) in writing, to— (i) all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and (ii) the local government for the area in which the land included in the plan is situated; and\n- (i) all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and\n- (ii) the local government for the area in which the land included in the plan is situated; and\n- (b) at least once in at least 1 newspaper circulating in the locality of the land included in the plan.\n- (i) all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and\n- (ii) the local government for the area in which the land included in the plan is situated; and","sortOrder":23},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objections and appeals","content":"# Objections and appeals","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Objections","content":"### sec.21 Objections\n\nA person who wishes to lodge an objection pursuant to the provisions of this Act may do so by lodging it in writing, together with the person’s reasons for objecting, with the chief executive within the time specified for the lodging of that objection.\nWhere an objector is a statutory authority or a government department it shall, at the time of lodging the objection, lodge an alternative plan or suggest an alternative course of action, which shall be deemed to form part of the objection, to the matter objected to, which in the opinion of that objector would remove its objection.\nWhere an objector is a statutory authority or government department it may prior to the expiration of the period within which it may object, apply to the chief executive for an extension of time in which to lodge an alternative plan or suggest an alternative course of action and the chief executive may either grant or refuse the application.\nWhere the chief executive grants an extension requested in subsection (3) the chief executive shall specify the length of the extension granted.\nAn alternative plan or suggested course of action lodged within the time specified pursuant to subsection (3A) shall be deemed to have been lodged in compliance with subsection (1) .\nUpon receipt of all objections lodged in compliance with subsection (1) , the chief executive shall consider and make a determination on each objection.\nThe chief executive shall notify each objector in writing of the determination so made.\ns 21 amd 1994 No. 15 s 3 sch 1\n(sec.21-ssec.1) A person who wishes to lodge an objection pursuant to the provisions of this Act may do so by lodging it in writing, together with the person’s reasons for objecting, with the chief executive within the time specified for the lodging of that objection.\n(sec.21-ssec.2) Where an objector is a statutory authority or a government department it shall, at the time of lodging the objection, lodge an alternative plan or suggest an alternative course of action, which shall be deemed to form part of the objection, to the matter objected to, which in the opinion of that objector would remove its objection.\n(sec.21-ssec.3) Where an objector is a statutory authority or government department it may prior to the expiration of the period within which it may object, apply to the chief executive for an extension of time in which to lodge an alternative plan or suggest an alternative course of action and the chief executive may either grant or refuse the application.\n(sec.21-ssec.3A) Where the chief executive grants an extension requested in subsection (3) the chief executive shall specify the length of the extension granted.\n(sec.21-ssec.3B) An alternative plan or suggested course of action lodged within the time specified pursuant to subsection (3A) shall be deemed to have been lodged in compliance with subsection (1) .\n(sec.21-ssec.4) Upon receipt of all objections lodged in compliance with subsection (1) , the chief executive shall consider and make a determination on each objection.\n(sec.21-ssec.5) The chief executive shall notify each objector in writing of the determination so made.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Appeal against chief executive’s determination","content":"### sec.22 Appeal against chief executive’s determination\n\nAn objector may, within 42 days of the issue of a notification pursuant to section 21 (5) , appeal to the Land Court and the Land Court shall hear and determine the matter and may confirm or vary the chief executive’s determination.\nAn appeal under subsection (1) shall be instituted by filing in the Land Court registry a notice of appeal.\nThe notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated.\nThe burden of proving any ground stated in an appeal shall be upon the appellant.\nAfter filing the notice of appeal, the appellant shall, within 7 days, serve a copy of it on the chief executive.\ns 22 amd 1994 No. 15 s 3 sch 1 ; 2000 No. 1 s 86 sch 1\n(sec.22-ssec.1) An objector may, within 42 days of the issue of a notification pursuant to section 21 (5) , appeal to the Land Court and the Land Court shall hear and determine the matter and may confirm or vary the chief executive’s determination.\n(sec.22-ssec.2) An appeal under subsection (1) shall be instituted by filing in the Land Court registry a notice of appeal.\n(sec.22-ssec.3) The notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated.\n(sec.22-ssec.4) The burden of proving any ground stated in an appeal shall be upon the appellant.\n(sec.22-ssec.5) After filing the notice of appeal, the appellant shall, within 7 days, serve a copy of it on the chief executive.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Court’s determination","content":"### sec.23 Court’s determination\n\nThe Land Court shall cause its determination upon an appeal to be certified in writing by the registrar of the Land Court to the chief executive and the appellant.\ns 23 amd 1994 No. 15 s 3 sch 1 ; 2000 No. 1 s 86 sch 1","sortOrder":27},{"sectionNumber":"pt.6","sectionType":"part","heading":"Financial assistance","content":"# Financial assistance","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Cost-sharing with owners","content":"### sec.24 Cost-sharing with owners\n\nThe chief executive may enter into a cost-sharing arrangement with an owner with respect to the cost of works to be undertaken to ensure the successful implementation of an approved plan.\ns 24 amd 1994 No. 15 s 3 sch 1","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 amd 1994 No. 15 s 3 sch 1\nom 1995 No. 58 s 4 sch 1","sortOrder":30},{"sectionNumber":"pt.7","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Acquisition of land by the chief executive","content":"### sec.26 Acquisition of land by the chief executive\n\nFor the purpose of taking land granted in fee simple required by the chief executive for or in connection with a purpose under this Act, including any works or purpose with respect to or in relation to which any right, power or authority is conferred, or duty or obligation imposed upon the chief executive under this Act, the chief executive shall be a constructing authority under the Acquisition of Land Act 1967 .\ns 26 amd 1994 No. 15 s 3 sch 1","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 om 1995 No. 58 s 4 sch 1","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Right to compensation","content":"### sec.28 Right to compensation\n\nWhere, consequent upon the exercise of a power conferred by section 8 , loss or damage results to the owner or occupier of land in respect whereof that power is exercised, the chief executive, in the performance of whose duties that power was exercised, shall pay compensation therefor to the person entitled thereto.\nA person whose estate or interest in land is injuriously affected by the coming into force, amendment or revocation of the approval of an approved plan or by an act done or omitted to be done under an approved plan shall be entitled to be paid compensation by the chief executive.\nA claim for compensation under this Act shall be made within the time specified in section 30 .\ns 28 amd 1994 No. 15 s 3 sch 1\n(sec.28-ssec.1) Where, consequent upon the exercise of a power conferred by section 8 , loss or damage results to the owner or occupier of land in respect whereof that power is exercised, the chief executive, in the performance of whose duties that power was exercised, shall pay compensation therefor to the person entitled thereto.\n(sec.28-ssec.2) A person whose estate or interest in land is injuriously affected by the coming into force, amendment or revocation of the approval of an approved plan or by an act done or omitted to be done under an approved plan shall be entitled to be paid compensation by the chief executive.\n(sec.28-ssec.3) A claim for compensation under this Act shall be made within the time specified in section 30 .","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Certain cases deemed not to be injurious affection","content":"### sec.29 Certain cases deemed not to be injurious affection\n\nFor the purposes of this Act, an estate or interest in land shall be deemed not to be injuriously affected—\nif the provision of an approved plan is the same or substantially the same as a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or\nif the act or omission done or made under an approved plan and claimed to have injuriously affected that estate or interest is an act or omission required to be done or made by a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or\nby a prohibition or restriction upon the use to which that land may be put, imposed by or under an approved plan, unless the claimant for compensation establishes that immediately prior to the coming into force of the plan the claimant was lawfully entitled—\nin the case of a prohibition—to put that land to the use so prohibited; or\nin the case of a restriction—to put that land without restriction to the use so restricted; or\nby works required, by or under an approved plan, to be constructed or carried out by the claimant for compensation or by a person from whom the claimant holds his or her estate or interest for the benefit of that land.\n- (a) if the provision of an approved plan is the same or substantially the same as a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or\n- (b) if the act or omission done or made under an approved plan and claimed to have injuriously affected that estate or interest is an act or omission required to be done or made by a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or\n- (c) by a prohibition or restriction upon the use to which that land may be put, imposed by or under an approved plan, unless the claimant for compensation establishes that immediately prior to the coming into force of the plan the claimant was lawfully entitled— (i) in the case of a prohibition—to put that land to the use so prohibited; or (ii) in the case of a restriction—to put that land without restriction to the use so restricted; or\n- (i) in the case of a prohibition—to put that land to the use so prohibited; or\n- (ii) in the case of a restriction—to put that land without restriction to the use so restricted; or\n- (d) by works required, by or under an approved plan, to be constructed or carried out by the claimant for compensation or by a person from whom the claimant holds his or her estate or interest for the benefit of that land.\n- (i) in the case of a prohibition—to put that land to the use so prohibited; or\n- (ii) in the case of a restriction—to put that land without restriction to the use so restricted; or","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Claim for compensation","content":"### sec.30 Claim for compensation\n\nA person desiring to claim compensation shall apply to the chief executive within 6 months of the occurrence of the event upon which that claim is based.\nIf within 2 months after the date of receipt by the chief executive of a claim for compensation the chief executive has not admitted liability to pay compensation upon the claim or the claimant has not agreed to the amount of compensation to be paid by the chief executive upon the claim, the chief executive or the claimant may refer the matter to the Land Court and the Land Court shall hear and determine the matter as if it were an application for compensation under the Acquisition of Land Act 1967 and the provisions of sections 24 to 30 of that Act shall, with and subject to all necessary adaptations, apply and extend accordingly.\ns 30 amd 1994 No. 15 s 3 sch 1\n(sec.30-ssec.1) A person desiring to claim compensation shall apply to the chief executive within 6 months of the occurrence of the event upon which that claim is based.\n(sec.30-ssec.2) If within 2 months after the date of receipt by the chief executive of a claim for compensation the chief executive has not admitted liability to pay compensation upon the claim or the claimant has not agreed to the amount of compensation to be paid by the chief executive upon the claim, the chief executive or the claimant may refer the matter to the Land Court and the Land Court shall hear and determine the matter as if it were an application for compensation under the Acquisition of Land Act 1967 and the provisions of sections 24 to 30 of that Act shall, with and subject to all necessary adaptations, apply and extend accordingly.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Assessment of compensation","content":"### sec.31 Assessment of compensation\n\nCompensation payable under section 28 may include the costs of and incidental to the investigation of matters giving rise to the claim and the preparation, lodging, hearing and determining of the claim.\nCompensation in respect of the injurious affection of an estate or interest in land shall be assessed in accordance with the following provisions—\nsubject to paragraphs (b) to (d) , the amount of compensation shall be a sum equal to the difference between the market value of the estate or interest immediately before the occurrence of the event on which the claim for compensation is based and the market value of the estate or interest as affected by that occurrence;\nthere shall be taken into account any modification of the injurious affection that may be effected in consonance with the approved plan;\nthere shall be taken into account any benefit which is likely to accrue to land in which the claimant has an estate or interest—\nby reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or\nby reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan;\nthe amount of compensation shall not be affected by the fact that since the date on which the approved plan came into force the land in respect of which the claim for compensation is made has been separated from or amalgamated with other land.\nWhen a claim for compensation for injurious affection to an estate or interest in land is made under this Act the chief executive may, at the chief executive’s option, acquire that land or part thereof pursuant to the provisions of sections 26 and 27 .\ns 31 amd 1994 No. 15 s 3 sch 1\n(sec.31-ssec.1) Compensation payable under section 28 may include the costs of and incidental to the investigation of matters giving rise to the claim and the preparation, lodging, hearing and determining of the claim.\n(sec.31-ssec.2) Compensation in respect of the injurious affection of an estate or interest in land shall be assessed in accordance with the following provisions— subject to paragraphs (b) to (d) , the amount of compensation shall be a sum equal to the difference between the market value of the estate or interest immediately before the occurrence of the event on which the claim for compensation is based and the market value of the estate or interest as affected by that occurrence; there shall be taken into account any modification of the injurious affection that may be effected in consonance with the approved plan; there shall be taken into account any benefit which is likely to accrue to land in which the claimant has an estate or interest— by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan; the amount of compensation shall not be affected by the fact that since the date on which the approved plan came into force the land in respect of which the claim for compensation is made has been separated from or amalgamated with other land.\n(sec.31-ssec.3) When a claim for compensation for injurious affection to an estate or interest in land is made under this Act the chief executive may, at the chief executive’s option, acquire that land or part thereof pursuant to the provisions of sections 26 and 27 .\n- (a) subject to paragraphs (b) to (d) , the amount of compensation shall be a sum equal to the difference between the market value of the estate or interest immediately before the occurrence of the event on which the claim for compensation is based and the market value of the estate or interest as affected by that occurrence;\n- (b) there shall be taken into account any modification of the injurious affection that may be effected in consonance with the approved plan;\n- (c) there shall be taken into account any benefit which is likely to accrue to land in which the claimant has an estate or interest— (i) by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or (ii) by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan;\n- (i) by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or\n- (ii) by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan;\n- (d) the amount of compensation shall not be affected by the fact that since the date on which the approved plan came into force the land in respect of which the claim for compensation is made has been separated from or amalgamated with other land.\n- (i) by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or\n- (ii) by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan;","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Approved plans binding","content":"### sec.32 Approved plans binding\n\nAn approved plan shall be binding on all persons including the Crown.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Copies, register and approved plans","content":"### sec.33 Copies, register and approved plans\n\nThe chief executive shall keep a register of all approved plans, and shall keep a true copy of each approved plan and details of all revocations in the department’s office serving the subject land or the project areas, as the case may be, and shall make the same available for inspection by any person, free of charge.\ns 33 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":"Alterations of covenants etc. of certain leases","content":"### sec.34 Alterations of covenants etc. of certain leases\n\nWhere the Minister is satisfied that the absence of or compliance with a covenant, condition or provision of a lease granted under the Land Act 1994 causes or would tend to cause soil erosion on land, the Minister shall advise the Minister for the time being administering that Act accordingly.\nWhere that Minister has been so advised, the Governor in Council may, notwithstanding anything to the contrary contained in the Land Act 1994 , vary, modify, revoke, or add to the covenants, conditions or provisions of the lease as the circumstances require.\n(sec.34-ssec.1) Where the Minister is satisfied that the absence of or compliance with a covenant, condition or provision of a lease granted under the Land Act 1994 causes or would tend to cause soil erosion on land, the Minister shall advise the Minister for the time being administering that Act accordingly.\n(sec.34-ssec.2) Where that Minister has been so advised, the Governor in Council may, notwithstanding anything to the contrary contained in the Land Act 1994 , vary, modify, revoke, or add to the covenants, conditions or provisions of the lease as the circumstances require.","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":"Notice where value of land affected","content":"### sec.35 Notice where value of land affected\n\nWhere the effect of a notice, direction, order, condition or requirement given, made, issued or enforced by the chief executive pursuant to this Act is in the chief executive’s opinion likely to affect the value of land, the chief executive shall furnish to the valuer-general or, where the land in question is a holding within the meaning of the Land Act 1994 , to the chief executive of the department in which that Act is administered a copy of that notice, direction, order, condition or requirement and all particulars relating thereto as they may require.\ns 35 amd 1994 No. 15 s 3 sch 1 ; 2010 No. 39 s 325 sch 1 pt 2","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 1995 No. 58 s 4 sch 1","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Protection of things done under Act","content":"### sec.37 Protection of things done under Act\n\nNeither the Crown nor a person shall incur any liability on account of anything done bona fide and without negligence in implementing an approved plan, whether or not approval for the plan is subsequently revoked, or carrying out the requirements of a run-off coordination notice or soil conservation order or for any other purpose of this Act for damage or injury alleged to arise by reason thereof.","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":"Offences","content":"### sec.38 Offences\n\nA person who—\ndestroys, mutilates, defaces, removes or alters the position of a survey peg, mark, or pole placed, made, affixed or set up for the purposes of this Act; or\ninterferes with works undertaken for the purposes of this Act; or\nassaults, threatens, intimidates or wilfully obstructs or attempts so to do a person authorised by or pursuant to this Act in the exercise or performance of powers, authorities, functions or duties under this Act or a person assisting that authorised person;\ncommits an offence against this Act.\nA person who fails to comply with a run-off coordination notice or a soil conservation order commits an offence against this Act.\nMaximum penalty—20 penalty units.\nA person who contravenes or fails to comply with a provision of this Act commits an offence against this Act.\nWhere no penalty is otherwise expressly provided, a person who commits an offence against this Act is liable to a penalty of not more than 10 penalty units.\ns 38 amd 1994 No. 15 s 3 sch 1\n(sec.38-ssec.1) A person who— destroys, mutilates, defaces, removes or alters the position of a survey peg, mark, or pole placed, made, affixed or set up for the purposes of this Act; or interferes with works undertaken for the purposes of this Act; or assaults, threatens, intimidates or wilfully obstructs or attempts so to do a person authorised by or pursuant to this Act in the exercise or performance of powers, authorities, functions or duties under this Act or a person assisting that authorised person; commits an offence against this Act.\n(sec.38-ssec.2) A person who fails to comply with a run-off coordination notice or a soil conservation order commits an offence against this Act. Maximum penalty—20 penalty units.\n(sec.38-ssec.3) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act.\n(sec.38-ssec.4) Where no penalty is otherwise expressly provided, a person who commits an offence against this Act is liable to a penalty of not more than 10 penalty units.\n- (a) destroys, mutilates, defaces, removes or alters the position of a survey peg, mark, or pole placed, made, affixed or set up for the purposes of this Act; or\n- (b) interferes with works undertaken for the purposes of this Act; or\n- (c) assaults, threatens, intimidates or wilfully obstructs or attempts so to do a person authorised by or pursuant to this Act in the exercise or performance of powers, authorities, functions or duties under this Act or a person assisting that authorised person;","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":"Proceedings for offences","content":"### sec.39 Proceedings for offences\n\nA prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886 upon complaint of a person authorised in writing in that behalf by the chief executive, made within 1 year from the time when the matter of complaint arose or within 6 months after the offence comes to the knowledge of the complainant, whichever period is later to expire.\nIn any proceedings it shall not be necessary to prove the authority of a complainant to lay a complaint in respect of an offence against this Act in the absence of evidence that challenges that authority.\nThe institution of proceedings for a penalty or the conviction of a person in respect of an offence against this Act shall not affect a remedy that a person may have by way of civil action.\ns 39 amd 1994 No. 15 s 3 sch 1\n(sec.39-ssec.1) A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886 upon complaint of a person authorised in writing in that behalf by the chief executive, made within 1 year from the time when the matter of complaint arose or within 6 months after the offence comes to the knowledge of the complainant, whichever period is later to expire.\n(sec.39-ssec.2) In any proceedings it shall not be necessary to prove the authority of a complainant to lay a complaint in respect of an offence against this Act in the absence of evidence that challenges that authority.\n(sec.39-ssec.3) The institution of proceedings for a penalty or the conviction of a person in respect of an offence against this Act shall not affect a remedy that a person may have by way of civil action.","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":"Evidentiary provision","content":"### sec.40 Evidentiary provision\n\nIn proceedings under this Act—\nit shall not be necessary to prove the appointment of the Minister, the chief executive or a delegate of the chief executive to do an act or take a proceeding;\na signature purporting to be that of the Minister, the chief executive or a delegate of the chief executive shall be taken to be the signature it purports to be until the contrary is proved;\na document purporting to be a copy of an order, authority or notice under this Act shall upon its production in that proceeding, be evidence of that order, authority or notice and of the terms, conditions and other matters endorsed thereon;\nproof of exemption from a provision of this Act shall be upon the person who relies thereon;\nit shall not be necessary to prove the authority of a person to do an act or take a proceeding in the absence of evidence to the contrary.\ns 40 amd 1994 No. 15 s 3 sch 1\n- (a) it shall not be necessary to prove the appointment of the Minister, the chief executive or a delegate of the chief executive to do an act or take a proceeding;\n- (b) a signature purporting to be that of the Minister, the chief executive or a delegate of the chief executive shall be taken to be the signature it purports to be until the contrary is proved;\n- (c) a document purporting to be a copy of an order, authority or notice under this Act shall upon its production in that proceeding, be evidence of that order, authority or notice and of the terms, conditions and other matters endorsed thereon;\n- (d) proof of exemption from a provision of this Act shall be upon the person who relies thereon;\n- (e) it shall not be necessary to prove the authority of a person to do an act or take a proceeding in the absence of evidence to the contrary.","sortOrder":46},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Approval of forms","content":"### sec.40A Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 40A ins 1995 No. 58 s 4 sch 1","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Regulations","content":"### sec.41 Regulations\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about—\nregulating and controlling the licensing of persons supplying technical services specified in the regulations to owners or others in respect of soil conservation; prescribing the person by whom such licences may be issued, renewed, cancelled or suspended and the fees for such licences and renewals thereof; prescribing the qualifications entitling persons to hold such licences; prohibiting the supply of technical services specified in the regulations by a person not authorised by the regulations;\nfees for services provided by the chief executive under this Act.\nA regulation may prescribe a penalty of not more than 10 penalty units for a contravention or failure to comply with a provision of a regulation.\ns 41 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1\n(sec.41-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.41-ssec.2) A regulation may be made about— regulating and controlling the licensing of persons supplying technical services specified in the regulations to owners or others in respect of soil conservation; prescribing the person by whom such licences may be issued, renewed, cancelled or suspended and the fees for such licences and renewals thereof; prescribing the qualifications entitling persons to hold such licences; prohibiting the supply of technical services specified in the regulations by a person not authorised by the regulations; fees for services provided by the chief executive under this Act.\n(sec.41-ssec.3) A regulation may prescribe a penalty of not more than 10 penalty units for a contravention or failure to comply with a provision of a regulation.\n- (a) regulating and controlling the licensing of persons supplying technical services specified in the regulations to owners or others in respect of soil conservation; prescribing the person by whom such licences may be issued, renewed, cancelled or suspended and the fees for such licences and renewals thereof; prescribing the qualifications entitling persons to hold such licences; prohibiting the supply of technical services specified in the regulations by a person not authorised by the regulations;\n- (b) fees for services provided by the chief executive under this Act.","sortOrder":48},{"sectionNumber":"sec.41A","sectionType":"section","heading":null,"content":"### Section sec.41A\n\ns 41A ins 1995 No. 58 s 4 sch 1\nexp 28 May 1996 (see s 41A(3))","sortOrder":49}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.6 (definition of 'soil erosion') / sec.6 (definition of 'soil conservation')","severity":"medium","reasoning":"Natural soil movement is an inevitable geological process. If soil conservation means preventing or mitigating soil erosion, and soil erosion includes natural removal/deposition of soil, then the Act's purpose logically extends to halting natural processes. Approved plans and soil conservation orders could theoretically require owners to prevent natural erosion, which is physically impossible.","confidence":0.72,"description":"The definition of 'soil erosion' includes 'natural' removal or deposition of soil, yet 'soil conservation' is defined as 'the prevention or mitigation of soil erosion'. This means the Act's central purpose encompasses preventing naturally occurring geological processes, creating an impossible compliance standard for landowners who would be expected to prevent rain, wind, and gravity."},{"type":"circular_definition","section":"sec.14(1)","severity":"low","reasoning":"The 'and there shall be' language is surplusage bordering on tautology. The more substantive issue is that section 14(1) requires an 'approved project plan' before constituting a project area, but 'approved project plan' is defined in section 6 as a plan 'approved under part 4', and approval under part 4 (section 15) occurs via Governor in Council after the section 14 process — meaning the plan cannot be 'approved' until after the section 14 notice/objection process, yet section 14 itself refers to the 'proposed project area', acknowledging the area isn't yet constituted. The real approval occurs at section 15/16. This is a minor drafting circularity rather than a fatal flaw.","confidence":0.55,"description":"Section 14(1) states 'Before an area is constituted a project area the chief executive shall prepare, and there shall be, an approved project plan for that area.' The phrase 'and there shall be' is tautological and logically circular — it requires something that the first clause already mandates. More critically, it presupposes the existence of an approved project plan before the area is constituted, but the plan cannot be 'approved' (under section 15 by the Governor in Council) until after the section 14 process is complete, creating a bootstrapping problem where approval of the plan is a precondition to constituting the area, yet the area must be identified before the plan can be properly prepared."},{"type":"other","section":"sec.17(5A)","severity":"low","reasoning":"The phrase 'on occasion' logically implies a contrast with 'regularly' or 'habitually'. By specifying only that occasional maintenance by the chief executive does not absolve the owner, the provision is ambiguous as to what effect regular/habitual maintenance by the chief executive would have on the owner's maintenance duty. This is an unintended drafting gap that could be exploited in litigation.","confidence":0.65,"description":"Section 17(5A) provides that the fact the chief executive undertook, constructed, or 'on occasion' maintained works shall not absolve the person of the duty to maintain those works. The qualifier 'on occasion' creates an absurd distinction: if the chief executive maintains works regularly (not merely 'on occasion'), it is left unclear whether this could absolve the owner's duty to maintain. The legislative intent is plainly that the owner is always responsible, but the 'on occasion' qualifier introduces an unintended implication that habitual maintenance by the chief executive might have a different legal effect."},{"type":"self_contradicting","section":"sec.20(4)","severity":"medium","reasoning":"Section 15 clearly vests approval authority in the Governor in Council ('the Governor in Council may approve the plan'). Section 16(1) confirms approval is by regulation of the Governor in Council. Yet section 20(4) refers to revoking 'the chief executive's approval of the project plan', which is legally inaccurate and potentially creates ambiguity about what is actually being revoked and whether the revocation regulation is legally effective.","confidence":0.82,"description":"Section 20(4) states the Governor in Council may 'revoke the chief executive's approval of the project plan'. However, project plans are not approved by the chief executive — they are approved by the Governor in Council under section 15. The chief executive merely recommends approval. This is a factual/legal error embedded in the legislation: the thing being revoked is the Governor in Council's own approval, not the chief executive's."},{"type":"impossible_compliance","section":"sec.31(3)","severity":"high","reasoning":"Section 31(3) expressly references both sections 26 and 27 as the mechanism for acquisition. Section 27 has been repealed. This means the acquisition procedure referenced is incomplete — one of its two operative provisions has been removed, yet section 31(3) was not consequentially amended. This creates uncertainty about whether acquisition under section 31(3) can lawfully proceed without the repealed section 27 machinery.","confidence":0.88,"description":"Section 31(3) allows the chief executive to acquire land under sections 26 and 27 when a compensation claim for injurious affection is made. However, section 27 was omitted from the Act (as noted in the legislation: 's 27 om 1995 No. 58 s 4 sch 1'). Section 31(3) therefore purports to authorise acquisition pursuant to a provision that no longer exists, rendering the acquisition mechanism in section 31(3) partially inoperative."},{"type":"self_contradicting","section":"sec.34(1)","severity":"medium","reasoning":"The phrase 'absence of or compliance with a covenant' is internally contradictory as a trigger condition. It bundles two mutually exclusive factual scenarios (no covenant exists vs. a covenant exists and is being followed) into a single condition. More troublingly, if compliance with an existing covenant causes erosion, the logical remedy is revocation of that covenant — but the section also empowers adding new covenants, which could replicate the problem. The drafting is logically confused.","confidence":0.78,"description":"Section 34(1) states the Minister shall act where 'the absence of or compliance with a covenant... causes or would tend to cause soil erosion'. This creates a logical paradox: how can both the absence of a covenant AND compliance with that same covenant both cause soil erosion? A covenant either exists or it doesn't. If the covenant's absence causes erosion, that is straightforward. But if compliance with the covenant causes erosion, the remedy would be to remove the covenant, not to add or vary it. The drafting attempts to cover both situations but creates a logically incoherent trigger condition."},{"type":"other","section":"sec.21(3B)","severity":"low","reasoning":"The interaction between subsections (2), (3), (3A) and (3B) is confused. The objection must be lodged on time under s.21(1), but the alternative plan (which is deemed part of the objection under s.21(2)) can be lodged later. Yet s.21(3B) deems the late alternative plan compliant with s.21(1) — the original objection provision — rather than with s.21(2). This could be read as deeming the late filing to satisfy the original objection lodgement requirement, which was not intended.","confidence":0.58,"description":"Section 21(3B) deems an alternative plan lodged within the extended time 'to have been lodged in compliance with subsection (1)'. However, subsection (1) requires objections to be lodged 'within the time specified for the lodging of that objection'. The extension under subsection (3) explicitly extends time only for lodging the alternative plan, not the objection itself. This creates ambiguity: the alternative plan (part of the objection under s.21(2)) is deemed compliant with s.21(1), but the underlying objection may have been lodged out of time or the deeming provision may inadvertently validate a late objection."}],"contradictions":[{"severity":"medium","section_a":"sec.38(2)","section_b":"sec.38(4)","confidence":0.75,"description":"Section 38(2) prescribes a maximum penalty of 20 penalty units for failure to comply with a run-off coordination notice or soil conservation order. Section 38(4) provides that where 'no penalty is otherwise expressly provided', the maximum is 10 penalty units. However, section 38(1) creates offences (destroying survey pegs, interfering with works, assaulting officers) for which no penalty is expressly provided anywhere in section 38. The question is whether the 20 penalty unit provision in s.38(2) is the 'expressly provided' penalty for all of section 38's offences or only subsection (2)'s offences. If the latter, section 38(1) offences — including assault of officers — attract only 10 penalty units, creating an absurd hierarchy where assaulting a government officer attracts half the penalty of failing to comply with a notice."},{"severity":"low","section_a":"sec.11(4)","section_b":"sec.38(2)","confidence":0.62,"description":"Section 11(4) states 'Notwithstanding section 38, where a person fails to comply with a run-off coordination notice the chief executive may apply to the Supreme Court for an order or an injunction'. Section 38(2) makes failure to comply with a run-off coordination notice a criminal offence. The 'notwithstanding section 38' language suggests s.11(4) operates independently of or overrides the criminal penalty regime in s.38. However, the carve-out only addresses the Supreme Court remedy, not the criminal penalty — leaving uncertainty about whether prosecution under s.38(2) and a Supreme Court injunction under s.11(4) can run concurrently, and whether 'notwithstanding section 38' inadvertently suggests that the s.38 penalty regime does not apply when s.11(4) is invoked."},{"severity":"low","section_a":"sec.13(1)","section_b":"sec.13(2)","confidence":0.6,"description":"Section 13(1) empowers the chief executive to revoke 'the approval of a property plan or part of it' where circumstances no longer require or justify its continuance. Section 13(2) then requires 'the agreement of the owner of the subject land' to revoke where no other land is affected. This means the chief executive cannot unilaterally revoke a plan even where only the subject land owner's land is affected — the owner can veto revocation. However, if the plan is binding on all persons including the Crown (s.32), and the chief executive determines it is no longer justified, the requirement for owner agreement effectively allows a private individual to override a public official's assessment of public necessity, contradicting the general scheme of the Act where the chief executive's determinations are subject to objection/appeal processes rather than a simple veto."},{"severity":"low","section_a":"sec.17(5)","section_b":"sec.17(6)","confidence":0.55,"description":"Section 17(5) provides that where a person fails to comply with a soil conservation order, the chief executive may do the works and recover the costs as a debt. Section 17(6) states 'Notwithstanding subsections (5) and (5A)', the chief executive may also apply to the Supreme Court for an injunction. The 'notwithstanding' construction implies sections 17(5) and 17(6) could conflict, but they are in fact cumulative remedies. The 'notwithstanding' language is potentially misleading — it may suggest that pursuing the debt recovery in s.17(5) would otherwise preclude the Supreme Court remedy in s.17(6), implying an election between remedies that may not actually exist, or that s.17(6) somehow overrides s.17(5) rather than supplementing it."},{"severity":"high","section_a":"sec.6 (definition of 'owner')","section_b":"sec.6 (definition of 'statutory authority')","confidence":0.85,"description":"The definition of 'owner' expressly excludes 'the Crown or a person representing the Crown' but includes 'a statutory authority'. The definition of 'statutory authority' includes 'the chief executive of the department in which the Transport Infrastructure Act 1994 is administered' — a person who is plainly a Crown officer representing the Crown in the administration of a Crown department. This means a person who represents the Crown is simultaneously excluded from the definition of 'owner' and included in it (via the statutory authority inclusion), creating a direct definitional contradiction."},{"severity":"medium","section_a":"sec.10(3)(c)","section_b":"sec.10(3)(c)(i)","confidence":0.7,"description":"Section 10(3)(c) requires that affected land 'discharges run-off water from a catchment area greater than 2 ha... directly or indirectly onto the subject land OR receives run-off water directly or indirectly from the subject land'. Section 10(3)(c)(i) then requires a change of 'more than 10%' in the area contributing run-off water 'to a point on the contiguous boundary with the lower land'. The reference to 'lower land' in s.10(3)(c)(i) presupposes the affected land is topographically lower than the subject land, but s.10(3)(c) also captures land that receives run-off from the subject land in the other direction (subject land is lower). Sub-item (i) therefore applies incoherently to the second limb of s.10(3)(c) where the subject land is the lower land receiving run-off."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope focused on soil conservation and erosion control. While there have been administrative amendments (particularly in 1994-1995 removing references to specific departments like QIDC and updating machinery provisions), the core scheme of property plans, project areas, and runoff coordination remains consistent with the 1986 intent. No significant expansion into unrelated policy areas is evident."},"complexity_factors":["Multiple overlapping approval pathways: property plans (Part 3) vs project plans (Part 4) with different approval processes, objection procedures, and revocation mechanisms","Extensive cross-referencing between sections (e.g., s 12 applies s 10 'with all necessary adaptations', s 19 applies ss 14-16 similarly)","Conditional logic for 'affected land' in s 10(3) requiring simultaneous satisfaction of multiple criteria: ownership, contiguity, catchment area >2ha, and specific hydrological impacts (10% change threshold, location change, or damage risk)","Nested exceptions and deeming provisions in compensation framework (ss 28-31), particularly s 29 which deems certain situations 'not injurious affection' with multiple sub-exceptions","Dual enforcement mechanisms for non-compliance: direct execution by chief executive with cost recovery (s 17(5)) OR Supreme Court injunction (s 17(6)), with specific deeming of standing (s 17(7))","Multiple amendment histories shown in text (omitted sections, substituted provisions from 1993-2010) creating fragmentation and requiring reconstruction of current operative text","Definition of 'owner' includes complex proprietary interests: Crown lessees, licensees, permit holders, and persons deriving title thereunder (s 6)","Binding effect on successors in title (s 17(4)) creating property law complexities regarding notice and enforcement against subsequent purchasers"],"plain_english_summary":"This law is about protecting Queensland's soil from erosion and managing water runoff on rural land.\n\n**What it does:**\nThe Act gives the government power to create legally binding plans to prevent soil erosion and control how water flows across properties. It covers two main types of plans:\n\n- **Property plans** – Individual landowners can apply for approval of a soil conservation plan for their own land. If the plan affects neighbouring properties (for example, by changing where water flows), those neighbours must be consulted or given a chance to object.\n\n- **Project plans** – The government can declare larger \"project areas\" where coordinated soil conservation work happens across multiple properties. These plans are approved by the Governor in Council (the state cabinet) and can require landowners to build or maintain specific works like banks, channels, or drainage systems.\n\n**Key powers:**\n- The chief executive (a senior government officer) can enter private land to inspect, survey, and carry out soil conservation work\n- The chief executive can issue **soil conservation orders** requiring landowners to take specific actions to prevent erosion\n- The chief executive can issue **run-off coordination notices** to ensure water flows between properties according to approved plans\n- Local governments can be stopped from approving land subdivisions that would interfere with approved soil conservation plans\n\n**Who it affects:**\n- Farmers and rural landowners\n- Local governments\n- Statutory authorities (government bodies like transport departments or river trusts)\n- Anyone whose land is affected by water runoff from neighbouring properties\n\n**Why it matters:**\nSoil erosion damages farmland, reduces productivity, and can cause environmental problems downstream. This law allows the government to coordinate conservation efforts across property boundaries, ensuring that what one landowner does doesn't harm their neighbours. It also provides compensation rights for landowners whose property values are affected by approved plans.\n\n**Enforcement:**\n- Failing to comply with orders or notices is an offence (up to 20 penalty units)\n- The chief executive can do the required work and bill the landowner\n- The chief executive can go to the Supreme Court to force compliance\n- Interfering with survey marks or conservation works is also an offence"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: preventing and managing soil erosion on agricultural, pastoral, and forestry land through voluntary property plans and government-directed project plans. Amendments have primarily been administrative (renaming officials, updating references to other Acts, removing obsolete provisions) rather than substantively expanding or contracting the scope of the regime."},"complexity_factors":["Multiple interlocking plan types (property plans vs. project plans) with different approval processes","Tiered decision-making involving the chief executive, Governor in Council (Cabinet), and Land Court","Complex multi-step objection and appeal process with specific timeframes (21-day notice, 42-day appeal window, 6-month compensation deadline)","Technical water runoff thresholds that trigger neighbour notification (e.g., catchment areas over 2 ha, 10% change in runoff contribution)","Interaction with multiple other Acts (Acquisition of Land Act 1967, Land Act 1994, Transport Infrastructure Act 1994, Justices Act 1886)","Distinction between 'community works' and 'owner works' within project plans, including cost-sharing mechanisms with statutory authorities","Compensation framework with exclusions ('deemed not injurious affection') that require careful assessment of prior legal entitlements","Numerous amendments over time have removed or substituted provisions, creating gaps in numbering that can be confusing to navigate","Orders that bind not just current owners but all future owners and occupiers of land"],"plain_english_summary":"## Soil Conservation Act 1986 (Queensland)\n\n### What does this law do?\n\nThis is a Queensland law designed to **prevent and manage soil erosion** on farm land (land used for farming, grazing, or forestry). It sets up a system where landowners, government officials, and local councils work together to protect the soil.\n\n### Who does it affect?\n\n- **Farmers and rural landowners**: The law directly affects anyone who owns or occupies agricultural, pastoral, or forestry land in Queensland.\n- **Neighbours of affected landowners**: If a soil conservation plan on one property changes how rainwater flows, neighbouring landowners can be involved, consulted, and must be notified.\n- **Local councils**: Must be notified when plans are approved or revoked.\n- **Statutory authorities** (e.g., government bodies like river improvement trusts): Can be required to share costs and take on responsibility for large-scale soil conservation works.\n\n### How does it work?\n\n**Two types of plans:**\n\n1. **Property Plans** – A landowner can voluntarily apply to have a soil conservation plan approved for their own property. This plan maps out what measures will be taken to stop erosion and control water runoff. Neighbours whose land might be affected by changes in water flow have the right to be consulted and to object.\n\n2. **Project Plans** – For larger areas involving multiple properties, the government (the chief executive of the relevant department) can create a 'project area' covering many landowners. These plans are approved by the Governor in Council (i.e., the Cabinet) and can require individual landowners to carry out specific works on their land.\n\n**Key powers the government has:**\n- **Enter your land** to inspect, survey, dig, and carry out works (with at least 7 days' notice if they're doing works to enforce an order).\n- **Issue orders** requiring you to build, maintain, or remove earthworks, channels, vegetation, etc.\n- If you **don't comply** with an order, the government can do the work itself and **charge you** for the cost. They can also take you to the Supreme Court.\n- **Restrict subdivision**: Regulations can prevent local councils from approving a land subdivision if it would interfere with an approved plan.\n\n**Your rights:**\n- You can **object** in writing to any proposed plan, and the government must consider your objection.\n- You can **appeal** to the Land Court (a specialist tribunal) within 42 days if you're unhappy with the government's decision on your objection.\n- You're entitled to **compensation** if an approved plan, or actions taken under it, reduces the value of your land — but you must claim within **6 months** of the event.\n- You are **not** entitled to compensation if the restriction imposed by the plan was already required by existing law before the plan came into force.\n\n**Offences:**\n- Failing to comply with an order or notice: up to **20 penalty units** (a fine).\n- Tampering with survey pegs, interfering with works, or obstructing officers: also an offence.\n- General offences under the Act: up to **10 penalty units**.\n\n### Why does it matter to you?\n\nIf you own or farm rural land in Queensland, this law could:\n- Require you to build and maintain erosion-control structures (like earthbanks or drainage channels) on your land.\n- Affect your ability to subdivide your land.\n- Give government officers the right to enter and inspect your property.\n- Bind future owners of your land to any existing soil conservation orders — so if you sell, the new owner inherits the obligation.\n\nApproved plans are **binding on everyone, including the Crown (government itself)**."}},"importantCases":[],"_links":{"self":"/api/acts/soil-conservation-act-1986","history":"/api/acts/soil-conservation-act-1986/history","analysis":"/api/acts/soil-conservation-act-1986/analysis","conflicts":"/api/acts/soil-conservation-act-1986/conflicts","importantCases":"/api/acts/soil-conservation-act-1986/important-cases","documents":"/api/acts/soil-conservation-act-1986/documents"}}