{"id":"soil-conservation-and-land-utilisation-act-1969","name":"Soil Conservation and Land Utilisation Act 1969","slug":"soil-conservation-and-land-utilisation-act-1969","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30518,"registerId":"nt-soil-conservation-and-land-utilisation-act-1969-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Soil Conservation and Land Utilisation Act 1969","content":"NORTHERN TERRITORY OF AUSTRALIA\nSOIL CONSERVATION AND LAND UTILISATION ACT 1969\nAs in force at 1 May 2016\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n3 Definitions ........................................................................................ 1\nPart II Administration\n4 Commissioner for soil conservation ................................................. 2\n5 Soil Conservation Officer ................................................................. 2\n6 Appointment of Officers ................................................................... 2\n7 Soil Conservation Advisory Council ................................................. 2\n7A Term of office of member ................................................................ 3\n7B Confidentiality .................................................................................. 3\n9 Meetings of Council ......................................................................... 3\n9AA Disclosure of interest ....................................................................... 4\nPart IIA Powers and functions\n9A Functions of Council ........................................................................ 4\n9B Officer's power to enter on land ....................................................... 5\nPart III Soil conservation and land reclamation\nDivision 1 Assistance to landholders\n10 Information and advice .................................................................... 5\n11 Carrying out of treatment ................................................................. 6\n12 Commissioner may carry out treatment ........................................... 6\n13 Research into causes of erosion ..................................................... 7\nDivision 2 Precautionary and corrective measures\n14 Commissioner may issue soil conservation order............................ 7\n15 Commissioner may order offender to reduce danger of erosion ...... 8\n16 Council to ratify acts of Commissioner ............................................ 9\n16A Entry of memorial of Soil Conservation Order in register by\nRegistrar-General ............................................................................ 9\nDivision 3 Areas of erosion hazard\n17 Declaration of area of erosion hazard ............................................ 11\n\nSoil Conservation and Land Utilisation Act 1969 ii\n18 Notice of proposal to create area of erosion hazard ...................... 12\n19 Objections...................................................................................... 12\n20 Landholder to reduce hazard ......................................................... 13\nDivision 4 Control of public on restricted use areas\n20A Interpretation ................................................................................. 13\n20B Declaration by Minister .................................................................. 14\n20C Offence relating to use of restricted use area ................................ 15\n20D Powers of Officers ......................................................................... 16\nPart IV Enforcement\n21 Contribution between landholders ................................................. 17\n22 Failure to perform obligation .......................................................... 17\n23 Caveat ........................................................................................... 18\nPart V Loans for soil conservation treatment or\nequipment\n25 Application for advance ................................................................. 18\n26 Procedure on receipt by Commissioner of application................... 19\n27 Minister may approve .................................................................... 19\n28 Where consent of administrator required ....................................... 20\n29 Loan to be made out of moneys appropriated ............................... 20\n30 Interest on loan .............................................................................. 20\n31 Security for loan............................................................................. 20\n32 Advance not to exceed 90% of cost of work or equipment ............ 20\n33 Minister to be satisfied as to certain matters before approving\nloan ................................................................................................ 21\n34 Minister to inform commissioner if loan approved.......................... 21\n35 Commissioner to inform applicant where loan is approved ........... 21\n36 Notice of acceptance, &c. .............................................................. 22\n37 Instalments and conditions of loan ................................................ 22\n38 Extension of time for payment ....................................................... 22\nPart VI Miscellaneous\n39 Commissioner may require person to furnish information ............. 23\n41 Obstruction of authorized person, &c. ........................................... 23\n42 Damage ......................................................................................... 23\n43 Acquisition of property ................................................................... 24\n44 Service of notice ............................................................................ 25\n45 Offences ........................................................................................ 25\n45A Regulatory offences....................................................................... 26\n46 Council to furnish annual report ..................................................... 26\n47 Regulations.................................................................................... 26\n\nSoil Conservation and Land Utilisation Act 1969 iii\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2016\n____________________\nSOIL CONSERVATION AND LAND UTILISATION ACT 1969\nAn Act to make provision for the prevention of soil erosion and for the\nconservation and reclamation of soil\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Soil Conservation and Land Utilisation\nAct 1969.\n3 Definitions\nIn this Act, unless the contrary intention appears:\napproved means approved by the Minister in accordance with this\nAct.\nCommissioner means the Chief Executive Officer of the Agency,\nwithin the meaning of the Public Sector Employment and\nManagement Act 1993, primarily responsible to the Minister for the\nadministration of this Act.\ninstrument of approval means a document signed by the Minister\nstating that the Minister approves a loan.\nland means all land in the Territory of whatever title or tenure, and\nincludes native title rights and interests in land, within the meaning\nof the Native Title Act 1993 of the Commonwealth.\nlandholder, in relation to any land, means an owner (including a\nnative title holder within the meaning of the Native Title Act 1993 of\nthe Commonwealth), lessee, licensee, mortgagee in possession or\noccupier of that land or a manager or other person managing or\ncontrolling the use of that land.\nOfficer means Soil Conservation Officer.\nthe Council means the Soil Conservation Advisory Council.\n\nPart II Administration\nSoil Conservation and Land Utilisation Act 1969 2\ntreatment means structural or agronomic work for the purpose of\nthe conservation of soil or reclamation of land.\nPart II Administration\n4 Commissioner for soil conservation\n(2) The Commissioner has such powers and functions as are conferred\nor imposed on him by this Act.\n(3) In the exercise of his powers and functions, the Commissioner is\nsubject to the directions of the Minister.\n5 Soil Conservation Officer\n(1) There shall be such Soil Conservation Officers to assist the\nCommissioner in the performance of his functions under this Act as\nthe Minister thinks necessary.\n(2) Each Officer has such powers and functions as are conferred or\nimposed on an Officer by this Act.\n(3) In the exercise of his powers and functions, an Officer is subject to\nthe directions of the Commissioner.\n6 Appointment of Officers\nAn Officer shall be appointed by the Minister.\n7 Soil Conservation Advisory Council\n(1) For the purposes of this Act, there shall be a council, to be known\nas the Soil Conservation Advisory Council.\n(2) The Council has such powers and functions as are conferred or\nimposed on it by this Act.\n(3) The Council shall consist of:\n(a) the Commissioner;\n(b) a member with practical experience in the pastoral industry;\n(c) a member with practical experience in agriculture; and\n(d) not less than 2 nor more than 6 other members.\n(4) The members of the Council, other than the Commissioner, shall be\nappointed by the Minister.\n\nPart II Administration\nSoil Conservation and Land Utilisation Act 1969 3\n(5) The Commissioner shall be the chairman of the Council.\n(6) The Minister shall appoint a member of the Council to be the deputy\nchairman of the Council.\n7A Term of office of member\n(1) Subject to this Act, a member of the Council holds office until the\nexpiration of such period, not exceeding 3 years, as is specified in\nhis instrument of appointment, but is eligible for re-appointment.\n(2) Where a period of appointment is not specified in the instrument of\nappointment of a member of the Council, the member holds office,\nsubject to this Act, for 3 years.\n7B Confidentiality\nA member of the Council shall not disclose information obtained in\nthe course of his duties as a member unless that disclosure is\nmade in the course of those duties.\nMaximum penalty: 25 penalty units or imprisonment for\n3 months.\n9 Meetings of Council\n(1) Subject to this section, the Council shall meet at such times and\nplaces as the chairman considers necessary.\n(2) Within 21 days after the receipt of a written request signed by not\nless than 3 members of the Council, the chairman shall call a\nmeeting.\n(3) A meeting of the Council shall be deemed not to have been duly\ncalled unless:\n(a) at least 14 days' notice of the meeting, or such lesser period\nof notice of the meeting as is approved by at least 3 members,\nhas been given to each member either by telegram or by\nwriting served personally or by post; and\n(b) the notice of the meeting specifies the place where and the\ntime when the meeting is to be held.\n(4) At a meeting of the Council:\n(a) 5 members, of whom one is the chairman or deputy chairman,\nform a quorum;\n\nPart IIA Powers and functions\nSoil Conservation and Land Utilisation Act 1969 4\n(b) the chairman, or in his absence the deputy chairman, shall\npreside;\n(c) all questions shall be decided by a majority of votes of the\nmembers present; and\n(d) the chairman, or in his absence the deputy chairman, has a\ndeliberative vote and, in the event of an equality of votes, has\nalso a casting vote.\n(5) The Council may permit any person or the representative of any\ncorporation, public authority, body, person or group of persons to\nspeak at a meeting of the Council, but such a person or\nrepresentative shall not vote at the meeting.\n9AA Disclosure of interest\n(1) A member of the Council who has a direct or indirect pecuniary\ninterest in a matter being considered or about to be considered by\nthe Council, otherwise than as a member of, and in common with\nthe other members of, an incorporated company consisting of not\nless than 25 persons and of which he is not a director, shall, as\nsoon as possible after the relevant facts have come to his\nknowledge, disclose the nature of his interest at a meeting of the\nCouncil.\n(2) A disclosure under subsection (1) shall be recorded in the minutes\nof the Council and the member:\n(a) shall not, while he has that interest, take part after the\ndisclosure in any deliberation or decision of the Council in\nrelation to that matter; and\n(b) shall be disregarded for the purpose of constituting a quorum\nof the Council in relation to that matter.\nPart IIA Powers and functions\n9A Functions of Council\nThe Council shall have the following functions:\n(a) to advise the Minister on matters relating to this Act and the\nregulations, and in particular as to:\n(i) the state of erosion on land;\n(ii) the progress being made with erosion control;\n\nPart III Soil conservation and land reclamation\nDivision 1 Assistance to landholders\nSoil Conservation and Land Utilisation Act 1969 5\n(iii) the measures which it recommends for further control of\nerosion or the reclamation of land; and\n(iv) matters relating to the future utilisation of land;\n(b) to provide a forum for the discussion and consideration of\nmatters concerning soil conservation;\n(c) to receive and consider reports and recommendations from\nthe Commissioner on action taken by him under this Act and,\nwhere necessary, approve of or ratify that action; and\n(d) to hear and consider submissions put before it by members of\nthe public and, in particular, persons affected by the operation\nof this Act.\n9B Officer's power to enter on land\n(1) Subject to subsection (2), where an Officer has reasonable cause\nto suspect that:\n(a) soil erosion is occurring on land; or\n(b) there is a danger of soil erosion occurring on land because of\nthe use to which that land has been put by the landholder or\nsome other person,\nthat Officer may:\n(c) enter upon that land together with any other persons or any\nanimals, plant, machinery and equipment; and\n(d) dig or bore into the land, make surveys, place marks and carry\nout investigations.\n(2) Except with the permission of the occupier, an Officer shall not,\nunder this section, enter upon land unless 28 days' notice in writing\nof his intention to enter has been served on the occupier.\nPart III Soil conservation and land reclamation\nDivision 1 Assistance to landholders\n10 Information and advice\nThe Commissioner may provide information and advice relating to\nsoil conservation and land reclamation.\n\nPart III Soil conservation and land reclamation\nDivision 1 Assistance to landholders\nSoil Conservation and Land Utilisation Act 1969 6\n11 Carrying out of treatment\n(1) The Commissioner may, by agreement with a person who is a\nlandholder and subject to such conditions (if any) as are included in\nthe agreement:\n(a) carry out treatment; or\n(b) provide assistance in the carrying out of treatment,\non land of which a person is a landholder.\n(2) The Commissioner may share in the cost of:\n(a) carrying out a treatment; or\n(b) providing assistance in the carrying out of a treatment,\nunder subsection (1).\n(3) The assistance that may be provided under subsection (1) includes:\n(a) the preparation of maps, plans and specifications;\n(b) the supervision of the carrying out of treatment; and\n(c) the hiring to the landholder of equipment (including plant and\nmachinery).\n12 Commissioner may carry out treatment\n(1) The Commissioner may, out of moneys appropriated by the\nParliament for the purpose, carry out treatment for the public\npurpose of preventing soil erosion or conserving or reclaiming soil.\n(2) Without limiting the generality of subsection (1), the Commissioner\nmay:\n(a) carry out treatment on Crown lands; and\n(b) by agreement with a person who is a landholder, carry out\ntreatment on land of which that person is a landholder where:\n(i) that person is not entirely at fault for bringing about the\ncircumstances that necessitate that treatment; or\n(ii) that person cannot be required under this Act to carry\nout that treatment.\n\nPart III Soil conservation and land reclamation\nDivision 2 Precautionary and corrective measures\nSoil Conservation and Land Utilisation Act 1969 7\n(3) The Commissioner may share the cost of carrying out with a person\nwho is a landholder where that treatment is both in the public\ninterest and in that person's interest.\n13 Research into causes of erosion\nThe Commissioner may carry out, and may assist other persons to\ncarry out, research into the causes and prevention of soil erosion\nand the reclamation and utilisation of land.\nDivision 2 Precautionary and corrective measures\n14 Commissioner may issue soil conservation order\n(1) Where in the opinion of the Commissioner a danger of soil erosion\nwould be created if:\n(a) timber, scrub or other vegetable cover (whether living or dead)\nwere damaged, destroyed, removed or otherwise interfered\nwith on or from an area of land;\n(aa) the surface of an area of land were disturbed;\n(b) a particular method or practice of land use were adopted in\nrelation to an area of land; or\n(c) the number of livestock carried on an area of land exceeds a\nparticular number, or were to increase beyond a particular\nnumber,\nthe Commissioner may serve a Soil Conservation Order on a\nlandholder of that area of land.\n(1A) A Soil Conservation Order served under this section may prohibit\nabsolutely, or prohibit except with and in accordance with the terms\nand conditions of a written authority given by the Commissioner:\n(a) the damaging, destroying, removal or otherwise interfering\nwith timber, scrub or other vegetable cover (whether living or\ndead) on or from an area of land specified in the order;\n(b) the disturbing of the surface of an area of land specified in the\norder;\n(c) the adoption in relation to an area of land specified in the\norder of a method or practice of land use specified in the\norder; or\n\nPart III Soil conservation and land reclamation\nDivision 2 Precautionary and corrective measures\nSoil Conservation and Land Utilisation Act 1969 8\n(d) the increasing of the number of livestock carried on an area of\nland specified in the order beyond a number specified in the\norder.\n(1B) Subject to subsection (2A), a Soil Conservation Order served under\nthis section may direct the person on whom it is served to reduce\nthe number of livestock carried on an area of land specified in the\norder below a number specified in the order.\n(2) Without limiting the generality of subsection (1A), an authority given\nunder that subsection may require the person to whom the authority\nis given to fence an area of land specified in the authority in a\nmanner approved by the Commissioner.\n(2A) A Soil Conservation Order requiring a person to reduce the number\nof livestock carried on an area of land shall not be served until it\nhas first been approved by the Minister.\n(2B) The Commissioner may, under a Soil Conservation Order, require a\nlandholder to provide details of the existing use of land referred to\nin that order and of that landholder's proposals for the future use of\nthat land.\n(3) The Commissioner may revoke or vary a Soil Conservation Order\nserved under this section.\n(4) A person served with a Soil Conservation Order under this section\nor a successor of such a person shall comply with and shall not\ncontravene that order.\nMaximum penalty: 8 penalty units.\n15 Commissioner may order offender to reduce danger of erosion\n(1) Where a person contravenes or fails to comply with a Soil\nConservation Order served under section 14 and a danger of soil\nerosion is, in the opinion of the Commissioner, thereby created, the\nCommissioner may order that person to take such measures as he\nspecifies to reduce that danger.\n(2) A person served with an order under this section shall, forthwith or\nwithin such time as the Commissioner allows, comply with and shall\nnot contravene that order.\nMaximum penalty: 8 penalty units.\n\nPart III Soil conservation and land reclamation\nDivision 2 Precautionary and corrective measures\nSoil Conservation and Land Utilisation Act 1969 9\n16 Council to ratify acts of Commissioner\n(1) Before he serves, or forthwith after he has served, a Soil\nConservation Order under this Division, the Commissioner shall call\na meeting of the Council.\n(2) Where a meeting is called under this section before an order is\nserved, the Commissioner shall not serve that order unless the\nCouncil approves it.\n(3) Where a meeting is called under this section after an order is\nserved, the Commissioner shall, unless the Council approves the\norder in the terms in which it is served:\n(a) revoke the order; or\n(b) vary the order in such manner as the Council directs.\n16A Entry of memorial of Soil Conservation Order in register by\nRegistrar-General\n(1) In this section:\nproprietor means:\n(a) a registered proprietor within the meaning of the Land Title\nAct 2000;\n(b) a lessee of a lease under the Crown Lands Act 1992, the\nPastoral Land Act 1992 or the Special Purposes Leases\nAct 1953 registered under the Land Title Act 2000;\n(d) a mortgagee in possession; or\n(e) a person having a registered interest in land under the Land\nTitle Act 2000,\nwho has been served with a Soil Conservation Order;\nregister means the land register kept by the Registrar-General\nunder the Land Title Act 2000.\n(2) Upon serving a Soil Conservation Order under section 14, the\nCommissioner may deposit with the Registrar-General:\n(a) a copy of that order certified by the Commissioner to be a true\ncopy of the order;\n\nPart III Soil conservation and land reclamation\nDivision 2 Precautionary and corrective measures\nSoil Conservation and Land Utilisation Act 1969 10\n(b) a document in writing:\n(i) stating that that order was served, the name of the\nperson served and the date of service;\n(ii) identifying the land to which that order relates with land\nin a register;\n(iii) requesting that a memorial of that order be entered in\nthat register; and\n(iv) signed by the Commissioner.\n(3) Upon receiving the documents referred to in subsection (2), the\nRegistrar-General shall:\n(a) enter in the land register in relation to that land, a memorial of\nthe making of the Soil Conservation Order; and\n(b) file those documents in his office.\n(4) When a memorial has been entered in the land register under\nsubsection (3) and not withdrawn or removed, the obligation to\ncomply with that order is binding on the proprietor for the time being\nof the land concerned.\n(5) When the requirements of a Soil Conservation Order in relation to\nwhich a memorial has been entered in a register in accordance with\nthis section have been carried out to the satisfaction of the\nCommissioner, the Commissioner shall so notify the Registrar-\nGeneral in writing and thereupon the Registrar-General shall make\nan entry in the land register discharging the memorial of the order in\nrelation to that land.\n(6) The Commissioner may, by notice in writing to the Registrar-\nGeneral, request that the memorial of a Soil Conservation Order be\nnoted in the register as withdrawn, whereupon the Registrar-\nGeneral shall note on the memorial that the memorial is withdrawn\nas at the time of receipt by him of that notice.\n(7) A person affected by the entry in a register of a memorial of a Soil\nConservation Order may apply, by motion, to the Supreme Court of\nthe Northern Territory of Australia for an order that the memorial be\nremoved from that register and that court may, upon being satisfied\nthat the memorial should be removed, make such order, either\nex parte or otherwise, as shall seem just including the payment of\ncosts of the motion.\n\nPart III Soil conservation and land reclamation\nDivision 3 Areas of erosion hazard\nSoil Conservation and Land Utilisation Act 1969 11\n(8) Upon being served with an order made under subsection (7)\nrequiring removal of a memorial from a register, the Registrar-\nGeneral shall:\n(a) note in the land register that the memorial is removed by the\norder of the court; and\n(b) file that order in his office,\nand may make such further notation in relation to that order as to\nhim seems necessary.\nDivision 3 Areas of erosion hazard\n17 Declaration of area of erosion hazard\n(1) The Minister may, upon the recommendation of the Council, by\nnotice in the Gazette, declare an area of land that is subject to soil\nerosion or that is likely to become subject to soil erosion to be an\narea of erosion hazard.\n(2) A declaration made under subsection (1) shall:\n(a) define, by reference to a map or plan, the area of land to\nwhich it relates; and\n(b) prescribe measures to be taken in the area to reduce the\nhazard and specify by whom the measures must be taken.\n(3) Without limiting the generality of subsection (2), a declaration made\nunder subsection (1) may:\n(a) require treatment to be carried out on or in relation to the land,\nor a part of the land, to which it relates;\n(b) determine a limit to the number of livestock, or to the number\nof livestock of a specified class, that are permitted to be\ncarried, or to be carried from time to time, on the land, or a\npart of the land, to which it relates; and\n(c) otherwise restrict the lawful use of the land, or a part of the\nland, to which it relates.\n(4) The Minister may, upon the recommendation of the Council, by\nnotice in the Gazette, amend a declaration made under\nsubsection (1) by prescribing measures, to be taken in the area of\nland to which the declaration relates to reduce the hazard, in\nsubstitution for the measures prescribed in the declaration.\n\nPart III Soil conservation and land reclamation\nDivision 3 Areas of erosion hazard\nSoil Conservation and Land Utilisation Act 1969 12\n(5) The Minister may, upon the recommendation of the Commissioner,\nby notice in the Gazette, revoke a declaration made under\nsubsection (1).\n18 Notice of proposal to create area of erosion hazard\n(1) Before making a recommendation for the purposes of section 17\nthe Council shall:\n(a) give notice in the Gazette and in a newspaper circulating in\nthe locality in which the land, the subject of the proposed\nrecommendation, is situated, of its intention to make the\nrecommendation;\n(b) serve a copy of the notice on:\n(i) each landholder holding a registered interest in the land\nor a part of the land;\n(ii) the occupier of the land or of each part of the land; and\n(iii) each registered mortgagee of any part of the land that is\nsubject to mortgage; and\n(c) consider the objections, if any, that are referred to it in\naccordance with section 19.\n(2) A notice given under subsection (1) shall:\n(a) define, by reference to a map or plan, the area of land the\nsubject of the proposed recommendation;\n(b) set out the proposed recommendation and, where that\nrecommendation includes a recommendation that treatment\nshould be required to be carried out, estimate the cost of\ncarrying out that treatment; and\n(c) appoint a date, not being earlier than 42 days after the notice\nis published as required and not being earlier than 30 days\nafter the copy of the notice is served as required, on or before\nwhich objections may be lodged against the proposal.\n19 Objections\n(1) A person upon whom a copy of a notice is served under section 18\nmay, not later than the appointed date, lodge with the\nCommissioner an objection in writing to the proposal, specifying the\ngrounds of the objection.\n\nPart III Soil conservation and land reclamation\nDivision 4 Control of public on restricted use areas\nSoil Conservation and Land Utilisation Act 1969 13\n(2) The Commissioner shall, subject to subsection (3), refer the\nobjection to the Council.\n(3) The Commissioner may, without calling a meeting of the Council:\n(a) where no objections are lodged, forward the proposed\nrecommendation to the Minister in the name of the Council; or\n(b) where an objection is lodged, allow it and forward the\nproposed recommendation as so amended to the Minister in\nthe name of the Council.\n20 Landholder to reduce hazard\nA landholder in an area that is declared to be an area of erosion\nhazard shall, within such time as the Commissioner allows, take the\nmeasures to reduce the hazard that are prescribed or provided for\nunder section 17 in relation to the land of which he is a landholder.\nMaximum penalty: 0.8 penalty unit.\nDivision 4 Control of public on restricted use areas\n20A Interpretation\nIn this Division unless the contrary intention appears:\nCrown Land means Crown Land within the meaning of the Crown\nLands Act 1992 but includes reserved or dedicated land.\nexempted road means a road exempted pursuant to\nsection 20B(8).\nopen land means land:\n(a) that is not within a municipality or a town within the meaning of\nthe Crown Lands Act 1992; and\n(b) that is held by a landholder under any tenure.\nmotor vehicle means any motor car, motor carriage, motor cycle,\nmotor lorry, motor omnibus, motor tractor, or other vehicle propelled\nwholly or partly by any volatile spirit or by steam, gas, oil, or\nelectricity, or by any means other than human or animal power.\nproper authority means:\n(a) in the case of Crown Land:\n(i) that is vested in; or\n\nPart III Soil conservation and land reclamation\nDivision 4 Control of public on restricted use areas\nSoil Conservation and Land Utilisation Act 1969 14\n(ii) that is under the control of,\na person, body or authority for a public purpose – that person,\nbody or authority;\n(b) in the case of land vested in a local government council – the\ncouncil; or\n(c) in the case of other land – the Commissioner.\npublic land means land:\n(a) that is not within a municipality or a town within the meaning of\nthe Crown Lands Act 1992; and\n(b) that is unalienated Crown Land.\n20B Declaration by Minister\n(1) The Council may recommend to the Minister that an area of land be\ndeclared a Restricted Use Area.\n(2) If the Minister is satisfied, on the recommendation of the Council,\nthat an area of land is subject to soil erosion through use or\ncontinued use of it by the public, the Minister may, by notice in the\nGazette, declare that area to be a Restricted Use Area.\n(3) A person may request the Council to recommend that the Minister\nmake a declaration in accordance with subsection (2) in relation to:\n(a) open land of which that person is a landholder;\n(b) public land adjacent to land of which that person is the\nlandholder; or\n(c) land vested in or under the control of a proper authority and\nadjacent to land of which that person is a landholder.\n(4) A proper authority may request the Council to recommend that the\nMinister make a declaration in accordance with subsection (2) in\nrelation to:\n(a) land vested in, or under the management or control of, that\nproper authority; or\n(b) public land adjacent to land vested in, or under the\nmanagement or control of, that proper authority.\n(5) The Council shall not make a recommendation under subsection (1)\nin respect of land vested in, or under the control of, a proper\nauthority except at the request of that proper authority.\n\nPart III Soil conservation and land reclamation\nDivision 4 Control of public on restricted use areas\nSoil Conservation and Land Utilisation Act 1969 15\n(6) A declaration under subsection (2) shall:\n(a) define the land to which it relates by reference to a map or\nplan; and\n(b) indicate where the map or plan may be inspected.\n(7) The map or plan shall be kept and displayed:\n(a) at the place indicated in the declaration; and\n(b) at all police stations in the vicinity of the area to which the\ndeclaration relates,\nand shall at all reasonable times be available for inspection without\nfee by members of the public.\n(8) The Minister may exempt from the effect of a declaration made\nunder subsection (2) such roads in the area of land to which the\ndeclaration relates as the Minister shall define in the declaration,\nand may in that declaration stipulate:\n(a) the persons or classes of persons who may use those roads;\nor\n(b) the types of vehicles that may be used on those roads.\n20C Offence relating to use of restricted use area\n(1) Except with and in accordance with the written permission of the\nproper authority, a person within a Restricted Use Area shall not:\n(a) unless he is on an exempted road, have in his possession or\nuse a motor vehicle;\n(b) remove or damage any vegetation;\n(c) take or remove any sand, gravel, rock, clay or earth;\n(d) interfere with any erosion prevention works; or\n(e) cause water or other fluid to be drained or to flow over the\narea.\nMaximum penalty: 4 penalty units.\n\nPart III Soil conservation and land reclamation\nDivision 4 Control of public on restricted use areas\nSoil Conservation and Land Utilisation Act 1969 16\n(2) Where a stipulation has been made under section 20B(8)(a) or (b),\nin respect of an exempted road:\n(a) a person:\n(i) other than a person stipulated; or\n(ii) other than one of a class of persons stipulated,\nin relation to that road shall not use that exempted road; and\n(b) a person shall not have in his possession or use a vehicle\nother than a stipulated type of vehicle on that exempted road.\nMaximum penalty: 4 penalty units.\n(3) Where permission is granted under subsection (1) by the proper\nauthority, that authority:\n(a) may limit the use to a use of part of the Restricted Use Area\nby a motor vehicle, or a class of motor vehicle; or\n(b) may impose such other conditions as to the use of the\nRestricted Use Area as it sees fit.\n20D Powers of Officers\n(1) A member of the Police Force or an Officer may require a person\nwho, he reasonably believes, has committed an offence against\nsection 20C to give his full name and address to that member of the\nPolice Force or Officer.\n(2) A person:\n(a) shall not refuse to give his name and address; and\n(b) shall not give a false name or address,\nto a member of the Police Force or to an Officer.\nMaximum penalty: 1.5 penalty units.\n(3) A person shall not obstruct, hinder or molest a member of the\nPolice Force or an Officer in the exercise of his powers under this\nAct.\nMaximum penalty: 1.5 penalty units.\n\nPart IV Enforcement\nSoil Conservation and Land Utilisation Act 1969 17\nPart IV Enforcement\n21 Contribution between landholders\n(1) Where a person reasonably incurs expense in taking an action that,\nunder this Act, he is required to take, he may recover contribution\nfrom any other person who is required to take that action.\n(2) An action claiming contribution may be brought in a court of\ncompetent jurisdiction.\n(3) A court hearing such an action shall consider the relative benefit to\neach party of the action taken and shall make such order as to\ncontribution and as to costs as it thinks just.\n22 Failure to perform obligation\n(1) Where a landholder neglects or refuses to take an action that,\nunder this Act, he is required to take, the Territory may, at the\nrequest of the Commissioner, cause that action to be taken and, for\nthat purpose, may, by its servants or agents, with or without\nvehicles and equipment, enter upon the land of which that person is\na landholder.\n(2) For the purposes of subsection (1):\n(a) the Administrator may authorize the taking of action by or on\nbehalf of the Territory; and\n(b) the Minister may authorize the taking of an action by or on\nbehalf of the Territory at a cost not exceeding $20,000.\n(3) The amount of the expense incurred by the Territory in causing an\naction to be taken under subsection (1) shall be a debt due to the\nTerritory by the person who neglected or refused to take the action\nand that debt:\n(a) shall bear interest at such rate as the Minister from time to\ntime determines by notice in the Gazette;\n(b) may be recovered, together with that interest, by action\nagainst the debtor in a court of competent jurisdiction; and\n(c) is a statutory charge, within the meaning of the Land Title\nAct 2000, on the land.\n(4) Where, under this section, 2 or more persons are liable for a debt,\nthey are jointly and severally liable.\n\nPart V Loans for soil conservation treatment or equipment\nSoil Conservation and Land Utilisation Act 1969 18\n(5) A person who, under this section, is liable for a debt may recover\ncontribution from another person who is likewise liable, either by\njoining that other person as a party in an action brought under this\nsection or by bringing a separate action in a court of competent\njurisdiction.\n(6) A court hearing a claim for contribution under this section shall\nconsider the relative benefit of the action from which the debt arose\nto each party and shall make such order as to contribution and as\nto costs as it thinks just.\n(7) In proceedings by the Territory to recover an amount under this\nsection, a certificate by the Minister certifying that an amount\nspecified in the certificate was the amount of expense incurred by\nthe Territory in taking an action specified in the certificate is prima\nfacie evidence of the fact certified.\n23 Caveat\n(1) Where, in an action under this Act, judgment has been entered for\nan amount to be paid to the Territory, the subject land is charged\nwith payment of the amount and the Commissioner or a person\nauthorized by him to do so may, while the amount remains unpaid,\nlodge a caveat with the Registrar-General forbidding the registration\nof any dealing with the subject land.\n(2) Part 7, Division 2 (other than section 142) of the Land Title\nAct 2000 applies to a caveat lodged in accordance with\nsubsection (1).\nPart V Loans for soil conservation treatment or\nequipment\n25 Application for advance\n(1) A person may make application to the Commissioner for a loan in\nrespect of treatment proposed to be carried out on land of which the\nperson is a landholder.\n(2) The application shall be in writing addressed to the Commissioner\nand signed by the applicant.\n(4) The application may be in respect of:\n(a) treatment to be carried out by the applicant;\n(b) treatment to be carried out by some person other than the\napplicant under a contract between the applicant and that\nother person; or\n\nPart V Loans for soil conservation treatment or equipment\nSoil Conservation and Land Utilisation Act 1969 19\n(c) treatment to be carried out by the by or on behalf of the\nCommissioner at the request of the applicant,\nand shall indicate the person proposed by the applicant as the\nperson by whom treatment is to be carried out.\n(5) An application under this section may be for, or include, the\npurchase or hire of equipment to carry out treatment on land of\nwhich the person is the landholder.\n26 Procedure on receipt by Commissioner of application\n(1) On receipt of the application, the Commissioner shall obtain such\ninformation as he considers necessary concerning the application\nand shall then submit the application to the Council together with:\n(a) a report as to the desirability of the treatment proposed;\n(b) an estimate of the cost of the treatment;\n(c) the Commissioner's views on whether or not a loan should be\nrecommended; and\n(d) if the Commissioner is of the view that a loan should be\nrecommended – a statement setting out the extent and\nestimated cost of the treatment in respect of which he is of the\nview that a loan should be recommended.\n(2) The Council shall consider the matter and, if it recommends that a\nloan be approved, shall forward its recommendations to the Minister\ntogether with all reports, estimates and other documentation\nreceived from the Commissioner.\n27 Minister may approve\n(1) On receipt of an application so submitted the Minister may, in his\ndiscretion, but subject to this Act, approve that a loan of such\namount as he specifies in the instrument of approval be made to\nthe applicant.\n(2) The approval shall be in writing signed by the Minister and shall set\nout any conditions, not being conditions applicable under this Act to\nall advances, to which the advance, if made, shall be subject.\n(3) A loan, if made, shall be made for such period, not exceeding\n20 years, as the Minister specifies in the instrument of approval.\n\nPart V Loans for soil conservation treatment or equipment\nSoil Conservation and Land Utilisation Act 1969 20\n28 Where consent of administrator required\nThe Minister shall not, without the consent of the Administrator,\napprove that a loan be made if:\n(a) the amount of the advance exceeds $20,000; or\n(b) in respect of previous assistance under this Act the applicant\nowes an amount which, together with the amount of the loan,\nexceeds $20,000.\n29 Loan to be made out of moneys appropriated\nIf an advance is made it shall be made out of moneys appropriated\nby the Parliament.\n30 Interest on loan\n(1) The Treasurer may, by notice in the Gazette, determine an interest\nrate on loans made under this Act.\n(2) A loan shall bear interest at the determined rate as at the date on\nwhich the loan is made.\n(3) In determining the rate of interest payable on a loan the Treasurer\nshall take into consideration any recommendation of the Council.\n31 Security for loan\nA loan shall not be made to a person unless repayment of the loan\ntogether with interest shall have been secured by way of such\nmortgage or charge as the Minister approves.\n32 Advance not to exceed 90% of cost of work or equipment\n(1) A loan under this Act shall not exceed 90% of the cost of carrying\nout the treatment in respect of which the loan is approved.\n(2) Where assistance furnished under this Act to a person and\nexpressed to be furnished as or as part of a loan exceeds 90% of\nthe finally determined cost of carrying out the treatment in respect\nof which the person has made application for a loan, the excess is a\ndebt owed by the person to the Territory, and is payable by the\nperson to the Territory when the Commissioner serves on the\nperson notice, which may be by post, of the amount of the excess.\n\nPart V Loans for soil conservation treatment or equipment\nSoil Conservation and Land Utilisation Act 1969 21\n(3) For the purposes of this section where a loan is approved and the\napplicant for the loan carries out all or part of the treatment in\nrespect of which the loan is approved, the cost of carrying out the\ntreatment shall include, in respect of the treatment or part of the\ntreatment carried out by the applicant:\n(a) the amount estimated by the Commissioner to be the cost of\nthe treatment or part of the treatment carried out by the\napplicant; or\n(b) the amount estimated by the Commissioner to be what it\nwould have cost the Commissioner to carry out the treatment\nor part of the treatment carried out by the applicant,\nwhichever is the less.\n33 Minister to be satisfied as to certain matters before approving\nloan\nThe Minister shall not approve a loan unless he is satisfied that the\nwork in respect of treatment in respect of which the loan is applied\nfor is, having regard to the state of development of the Territory and\nof the land to which the application relates, desirable for the\nmaintenance of stability or of the productive capacity of the land.\n34 Minister to inform commissioner if loan approved\nIf the Minister approves a loan he shall inform the Commissioner\nthat he has done so and shall forward to the Commissioner a copy\nof the instrument of approval.\n35 Commissioner to inform applicant where loan is approved\n(1) On receipt of a copy of an instrument of approval, the\nCommissioner shall serve on the applicant to whom the instrument\nrelates a statement in writing informing him that his application is\napproved and a document containing an offer to him of a loan.\n(2) The statement shall specify the cost estimated by the\nCommissioner to be the cost of the treatment in respect of which\nthe application is approved.\n(3) The offer shall specify:\n(a) the treatment in respect of which the offer is made;\n(b) the amount, not exceeding 90% of the estimated cost of that\ntreatment, provisionally approved as the amount to be\nadvanced in respect of that treatment;\n\nPart V Loans for soil conservation treatment or equipment\nSoil Conservation and Land Utilisation Act 1969 22\n(c) where the treatment is to be carried out by the Commissioner,\nthe conditions (including conditions as to charges to be made\nby the Commissioner) under which the Commissioner is\nprepared to do that treatment; and\n(d) the conditions as to repayment of the loan subject to which the\noffer is made.\n(4) The statement and the document may be served by post.\n36 Notice of acceptance, &c.\n(1) If the applicant desires to accept a loan in accordance with the offer\nreferred to in section 35 he shall, not later than 2 months after the\ndate on which the document containing the offer is served on him,\nserve on the Commissioner notice in writing that he accepts the\noffer.\n(2) The notice may be served by post.\n(3) Where the treatment is to be carried out by the Commissioner, the\napplicant shall furnish to the Commissioner, with the notice referred\nto in subsection (1), an amount equal to the difference between the\ncost estimated by the Commissioner to be the cost of that treatment\nand the amount provisionally approved as the amount to be\nadvanced in respect of that treatment.\n37 Instalments and conditions of loan\nSubject to this Act and the regulations, a loan shall be made by\nsuch instalments and shall be subject to such conditions as are\nagreed between the applicant and the Commissioner.\n38 Extension of time for payment\n(1) In case of hardship the Minister may extend the time for payment of\nany sum due by any producer on account of a loan.\n(2) Where the time for payment of any sum is extended in pursuance of\nthis section, the sum shall, during the time in which it remains\nunpaid bear interest at the rate borne by the loan.\n\nPart VI Miscellaneous\nSoil Conservation and Land Utilisation Act 1969 23\nPart VI Miscellaneous\n39 Commissioner may require person to furnish information\n(1) For the purposes of this Act, the Commissioner may require a\nperson to furnish such information concerning land of which that\nperson is or was a landholder as in the opinion of the\nCommissioner is necessary or desirable relating to:\n(a) works executed on or in relation to that land;\n(b) livestock carried on that land; and\n(c) methods and practices of land use adopted on that land.\n(2) The Commissioner may require information furnished under\nsubsection (1) to be verified, by statutory declaration or otherwise,\nto the satisfaction of the Commissioner.\n(3) A person shall comply with and shall not contravene a requirement\nmade by the Commissioner under this section.\nMaximum penalty: 4 penalty units.\n41 Obstruction of authorized person, &c.\nA person shall not:\n(a) without the approval of the Commissioner, destroy, damage,\ndeface or remove from its position any improvement,\nstructure, line, mark or item of machinery or equipment placed\non land in the exercise of a power or the performance of a\nfunction or duty under this Act; or\n(b) prevent or hinder a person exercising a power or performing a\nfunction or duty under this Act.\nMaximum penalty: 4 penalty units.\n42 Damage\nWhere a person authorized by or under this Act to exercise a power\nconferred by or under this Act causes damage in the course of\nexercising that power, no liability for the damage lies upon any\nperson, but the Minister may, if he thinks fit, pay such amount as he\nthinks fit in full or partial compensation for the damage to the\nperson who appears to him to have suffered the damage.\n\nPart VI Miscellaneous\nSoil Conservation and Land Utilisation Act 1969 24\n43 Acquisition of property\n(1A) To the extent that the exercise of a power conferred by or under\nthis Act results in the acquisition by the Territory of property\n(including land), that acquisition is hereby permitted and the\nproperty is compulsorily acquired.\n(1) A person who claims that the exercise of a power conferred by or\nunder this Act has resulted in the acquisition by the Territory of\nproperty of which he is the owner may apply to the Minister for\npayment to him by the Territory of the value of the property which\nhe claims to have been acquired by the Territory.\n(2) The application shall be in writing and shall set out details as to:\n(a) the property alleged to have been acquired;\n(b) the applicant's title to that property;\n(c) the time when and the circumstances in which that property is\nalleged to have been acquired; and\n(d) the amount alleged to be the value of that property.\n(2A) Where property in respect of which compensation is payable under\nsection 43 comprises native title rights or interests, the person or\npersons who may be entitled to compensation may request that the\ncompensation should be in a form other than money and the\nMinister, in considering the application:\n(a) must consider the request; and\n(b) must negotiate in good faith in relation to the request.\n(3) The Minister shall consider the application and, if he is satisfied that\nproperty of the applicant has been acquired by the Territory as a\nresult of the exercise of a power conferred by or under this Act, he\nshall offer to the applicant payment of the amount alleged by the\napplicant to be the value of the property so acquired or such lesser\namount as is in his opinion the value of that property or any\ncompensation other than money agreed on in pursuance of\nsection (2A) or, where no such agreement is reached, such other\ncompensation as the Minister thinks fit.\n(4) If the applicant accepts the offer, the Minister shall pay or provide to\nthe applicant the amount or other compensation so agreed on.\n\nPart VI Miscellaneous\nSoil Conservation and Land Utilisation Act 1969 25\n(5) If the Minister rejects the application or the applicant rejects the\noffer of payment or compensation made by the Minister:\n(a) in the case of compensation for land or land and\nimprovements – the Minister may within 60 days after rejection\nof the application or the offer, and shall if so requested in\nwriting by the applicant, refer the mater to the Lands\nAcquisition Tribunal established under the Lands Acquisition\nAct 1978 which shall deal with the matter under that Act as\nthough it were referred to it under section 69 of that Act and\nthe Lands Acquisition Act 1978, with the necessary changes,\napplies accordingly; or\n(b) in any other case, the applicant may institute proceedings\nagainst the Territory in a court of competent jurisdiction for\npayment to the applicant of an amount as compensation for\nthe acquired property.\n44 Service of notice\n(1) An order or notice under this Act may be served on a person:\n(a) by handing it or tendering it to that person;\n(b) by posting it to that person at his last known or usual place of\nabode or business;\n(c) by leaving it with some person apparently over the age of\n16 years at the last known or usual place of abode or business\nof that person; or\n(d) if the address of the person is not known, by publishing the\nnotice in 2 numbers of the Gazette published within a period of\nnot more than one month.\n(2) An order or notice under this Act may be served on a company in\nthe same manner as a document within the meaning of the\nCorporations Act 2001 may be served under that Law.\n45 Offences\n(1) Where a person commits an offence by reason of his refusal or\nfailure to do an act that he is required under this Act to do:\n(a) that offence shall, for the purpose of paragraph (b), be\ndeemed to continue so long as the person refuses or fails to\ndo the act; and\n(b) if that person is convicted of the offence, then he commits a\nfurther offence against this Act on each day on which the\n\nPart VI Miscellaneous\nSoil Conservation and Land Utilisation Act 1969 26\noffence is deemed to continue after the day on which he is so\nconvicted and he is punishable in respect of each such further\noffence, upon conviction, by a maximum penalty of 0.8 penalty\nunit.\n(2) Proceedings for the conviction of a person, in respect of an offence\nagainst this Act may be instituted in the name of the Commissioner\n.\n45A Regulatory offences\nAn offence of contravening or failing to comply with an order or a\nrequirement under section 14, 15 or 39 is a regulatory offence.\n46 Council to furnish annual report\nThe Council shall, as soon as practicable after the end of each year\nending on 30 June, furnish to the Minister a report with respect to\nits operations in that year.\n47 Regulations\nThe Administrator may make regulations not inconsistent with this\nAct prescribing all matters which by this Act are required or\npermitted to be prescribed, or which are necessary or convenient to\nbe prescribed, for carrying out or giving effect to this Act.\n\nENDNOTES\nSoil Conservation and Land Utilisation Act 1969 27\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSoil Conservation and Control Ordinance 1969 (Act No. 9, 1970)\nAssent date 8 April 1970\nCommenced 8 April 1970\nSoil Conservation and Control Ordinance 1970 (Act No. 35, 1970)\nAssent date 1 October 1970\nCommenced 1 October 1970\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nSoil Conservation and Land Utilization Ordinance 1977 (Act No. 22, 1977)\nAssent date 31 May 1977\nCommenced 31 May 1977\n\nENDNOTES\nSoil Conservation and Land Utilisation Act 1969 28\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nSoil Conservation and Land Utilization Act 1978 (Act No. 5, 1979)\nAssent date 3 January 1979\nCommenced 3 January 1979\nRemuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980)\nAssent date 14 January 1980\nCommenced 8 February 1980 (Gaz G6, 8 February 1980, p 6)\nSoil Conservation and Land Utilization Act 1980 (Act No. 14, 1980)\nAssent date 13 March 1980\nCommenced 23 March 1980 (s 3, s 2 Conservation Commission Act 1980\n(Act No. 13, 1980) and Gaz G13, 28 March 1980, p 7)\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nSoil Conservation and Land Utilization Amendment Act 1985 (Act No. 72, 1985)\nAssent date 24 December 1985\nCommenced 24 December 1985\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nPastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992)\nAssent date 25 June 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\nReal Property (Statutory Charges Consequential Amendments) Act 1993 (Act No. 77,\n1993\nAssent date 23 November 1993\nCommenced 1 October 1994 (s 2, s 2, Real Property Amendment Act\n(No. 2) 1993 (Act No. 76, 1993) and Gaz G37,\n14 September 1994, p 2)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\n\nENDNOTES\nSoil Conservation and Land Utilisation Act 1969 29\nNative Title (Consequential Amendments) Act 1993 (Act No. 30, 1994)\nAssent date 18 May 1994\nCommenced 29 June 1994 (Gaz G26, 19 June 1994, p 3)\nParks and Wildlife Commission (Consequential Amendments) Act 1995 (Act No. 46,\n1995)\nAssent date 15 November 1995\nCommenced 29 November 1995 (s 2, s 2 Conservation Commission\nAmendment Act 1995 (Act No. 43, 1995) and Gaz S42,\n29 November 1995)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 4 Soil Conservation and Land Utilization Act 1980 (Act No. 14, 1980)\ns 4 Soil Conservation and Land Utilization Act 1985 (Act No. 72, 1985)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (as amended) to the following provisions: ss 7, 9, 12, 15, 17,\n18, 19, 20, 22, 23, 27, 28, 32, 35, 36, 39, 41, 44, 45 and 46.\n\nENDNOTES\nSoil Conservation and Land Utilisation Act 1969 30\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 16A, 20A, 22, 23 and 43.\n6 LIST OF AMENDMENTS\ns 1 amd No. 25, 2009, s 10\ns 2 rep No. 22, 1977, s 3\ns 3 amd No. 22, 1977, s 4; No. 54, 1978, s 4; No. 14, 1980, s 5; No. 30, 1994,\ns 3; No. 46, 1995, s 3\ns 4 amd No. 54, 1978, s 4; No. 14, 1980, ss 7 and 8; No. 46, 1995, s 3\ns 5 amd No. 22, 1977, s 5; No. 54, 1978, s 4\ns 6 amd No. 22, 1977, s 6; No. 54, 1978, s 4\nsub No. 14, 1980, s 9\namd No. 46, 1995, s 3\ns 7 amd No. 54, 1978, s 4; No. 14, 1980, ss 6 and 10\ns 7A ins No. 72, 1985, s 3\ns 7B ins No. 72, 1985, s 3\namd No. 23, 2013, s 14\ns 8 amd No. 54, 1978, s 4\nrep No. 9, 1980, s 6\ns 9 amd No. 14, 1980, ss 6 and 10\ns 9AA ins No. 14, 1980, s 11\npt IIA hdg ins No. 22, 1977, s 7\ns 9A ins No. 22, 1977, s 7\namd No. 54, 1978, s 4; No. 14, 1980, ss 6 and 8; No. 46, 1995, s 3; No. 25,\n2009, s 10\ns 9B ins No. 22, 1977, s 7\namd No. 5, 1979, s 3\ns 11 sub No. 22, 1977, s 8\namd No. 5, 1979, s 3\ns 12 amd No. 22, 1977, s 9\ns 13 amd No. 25, 2009, s 10\npt III\ndiv 2 hdg amd No. 22, 1977, s 10;\ns 14 amd No. 22, 1977, s 11; No. 54, 1978, s 4; No. 5, 1979, s 4; No. 23, 2013,\ns 14\ns 15 amd No. 22, 1977, s 12; No. 23, 2013, s 14\ns 16 amd No. 14, 1980, s 6\ns 16A ins No. 22, 1977, s 13\namd No. 39, 1992, s 3; No. 45, 2000, s 11\ns 17 amd No. 22, 1977, s 14; No. 54, 1978, s 4; No. 14, 1980, s 6\ns 18 amd No. 22, 1977, s 15; No. 14, 1980, s 6\ns 19 amd No. 54, 1978, s 4; No. 14, 1980, s 6\ns 20 amd No. 35, 1970, s 2; No. 23, 2013, s 14\npt III\ndiv 4 hdg ins No. 22, 1977, s 16\ns 20A ins No. 22, 1977, s 16\namd No. 39, 1992, s 3; No. 84, 1993, s 6; No. 28, 2008, s 3\ns 20B ins No. 22, 1977, s 16\namd No. 54, 1978, s 4; No. 14, 1980, ss 6 and 8; No. 46, 1995, s 3\nss 20C – 20D ins No. 22, 1977, s 16\namd No. 23, 2013, s 14\ns 22 amd No. 22, 1977, s 17; No. 54, 1978, s 4; No. 14, 1980, s 12; No. 77, 1993,\ns 13; No. 46, 1995, s 3; No. 45, 2000, s 11\ns 23 amd No. 54, 1978, s 4; No. 45, 2000, s 11\n\nENDNOTES\nSoil Conservation and Land Utilisation Act 1969 31\ns 24 rep No. 22, 1977, s 18\npt V hdg sub No. 22, 1977, s 19\ns 25 amd No. 22, 1977, s 20; No. 14, 1980, s 13; No. 46, 1995, s 3\ns 26 sub No. 22, 1977, s 21\namd No. 54, 1978, s 4; No. 14, 1980, s 6\ns 27 amd No. 54, 1978, s 4\ns 28 amd No. 22, 1977, s 22; No. 54, 1978, s 4\ns 30 amd No. 22, 1977, s 23; No. 54, 1978, s 4; No. 14, 1980, s 14\ns 31 amd No. 54, 1978, s 4\ns 32 amd No. 22, 1977, s 24; No. 54, 1978, s 4\ns 33 sub No. 22, 1977, s 25\namd No. 54, 1978, s 4\ns 34 amd No. 54, 1978, s 4\ns 35 amd No. 22, 1977, s 26\ns 36 amd No. 22, 1977, s 27\ns 38 amd No. 54, 1978, s 4\ns 39 amd No. 22, 1977, s 28; No. 23, 2013, s 14\ns 40 rep No. 22, 1977, s 29\ns 41 amd No. 22, 1977, s 30; No. 23, 2013, s 14\ns 42 amd No. 54, 1978, s 4\ns 43 amd No. 54, 1978, s 4; No. 30, 1994, s 3\ns 44 amd No. 22, 1977, s 31; No. 18, 1986, s 3; No. 59, 1990, s 4; No. 17, 2001,\ns 21\ns 45 amd No. 23, 2013, s 14; No. 8, 2016, s 45\ns 45A ins No. 68, 1983, s 39\ns 46 amd No. 54, 1978, s 4; No. 14, 1980, ss 6 and 8; No. 46, 1995, s 3\ns 47 amd No. 95, 1978, s 14","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1969 scope. Originally focused primarily on soil conservation orders and basic administrative structures, it has grown to include: a comprehensive loan scheme for landholders (Part V, added 1977); detailed public access controls for 'restricted use areas' (Division 4 of Part III, added 1977); native title recognition and compensation provisions (1994 amendments); land title registration mechanisms for conservation orders (1977/2000 amendments); and specific confidentiality and disclosure requirements for Council members (1985 amendments). The 1977 amendments in particular transformed it from a simple regulatory scheme into a hybrid regulatory/financial assistance framework."},"complexity_factors":["Moderate length (47 sections plus endnotes) with six distinct Parts covering administration, powers, soil conservation measures, enforcement, loans, and miscellaneous provisions","Multiple defined terms in section 3 (approx. 8 key definitions) including technical concepts like 'treatment', 'landholder', and 'instrument of approval'","Cross-references to other NT legislation including Land Title Act 2000, Crown Lands Act 1992, Pastoral Land Act 1992, Native Title Act 1993 (Cth), and Lands Acquisition Act 1978","Nested procedural requirements for Soil Conservation Orders – requiring Council ratification (s 16), Minister approval for stock reduction orders (s 14(2A)), and registration on land titles (s 16A)","Conditional logic in loan provisions (Part V) with multiple thresholds ($20,000 Administrator consent requirement, 90% cost cap, 20-year maximum term)","Dual pathways for compensation – Lands Acquisition Tribunal for land acquisitions vs courts for other property (s 43(5))","Specific confidentiality and conflict-of-interest provisions for Council members (ss 7B, 9AA)","Multiple penalty provisions with varying maximums (0.8 to 25 penalty units) and continuing offence provisions (s 45)"],"plain_english_summary":"**What this law does:**\n\nThis is a Northern Territory law designed to stop soil erosion and help restore damaged land. It gives the government powers to regulate how land is used when there's a risk of erosion, and provides financial assistance to landholders who want to fix erosion problems.\n\n**Who it affects:**\n\n*   **Landholders** – anyone who owns, leases, occupies, or manages land in the NT (including native title holders)\n*   **Farmers and pastoralists** – particularly those in areas declared as \"erosion hazard\" zones\n*   **The general public** – especially regarding access to \"restricted use areas\" where vehicle use and other activities are limited\n*   **Government officials** – specifically the Commissioner for Soil Conservation, Soil Conservation Officers, and the Soil Conservation Advisory Council\n\n**Key powers and mechanisms:**\n\n*   **Soil Conservation Orders:** The Commissioner can issue binding orders that prohibit or restrict activities that cause erosion – such as clearing vegetation, disturbing soil, overstocking livestock, or using certain farming methods. These orders can be registered on the land title (like a mortgage), binding future owners.\n*   **Erosion Hazard Areas:** The Minister can declare entire regions as erosion hazard zones, imposing mandatory treatment measures and stock limits on all landholders in that area.\n*   **Restricted Use Areas:** The Minister can ban or restrict public access (especially motor vehicles) to sensitive eroding lands.\n*   **Financial assistance:** The government can provide loans (up to 90% of costs, max 20 years) for erosion control works, and can share costs of treatment with landholders.\n*   **Enforcement:** If landholders don't comply, the government can do the work itself and bill them, placing a charge on their land. There are also criminal penalties for non-compliance.\n\n**Why it matters:**\n\nThis law recognises that soil erosion isn't just a private property issue – it affects waterways, neighbouring properties, and the broader environment. It balances voluntary cooperation (advice, loans, cost-sharing) with regulatory teeth (orders, hazard declarations, enforcement) to protect the Territory's land resources. It also specifically acknowledges native title rights and interests, ensuring they are included in definitions of land ownership and compensation processes."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act remains focused on soil conservation and land reclamation but has materially expanded in scope since its original, narrower preventative focus. Amendments and later provisions added a formal loan/advance scheme with security and Ministerial/Administrator consent thresholds (Pt V, ss 25–38; s 28), stronger title‑affecting enforcement tools (ability to register memorials of Soil Conservation Orders and to lodge caveats/statutory charges against land, s 16A; ss 22–23), and explicit interfaces with modern land‑title and native title frameworks (references to the Land Title Act 2000 and Native Title Act 1993). The Act therefore now combines advisory, regulatory, coercive and financial assistance instruments, increasing the law's reach into property rights, lending security and land‑market transactions compared with the original preventive/conservation administrative regime."},"complexity_factors":["Several interacting Parts and Divisions (administration, powers, enforcement, loans, miscellaneous) creating multi‑step procedures","About 8 explicitly defined terms in the interpretation section (e.g. 'Commissioner', 'land', 'landholder', 'Officer', 'treatment') with further operationally important terms defined later (e.g. Crown Land, public land, proper authority in s 20A)","Multiple cross‑references to other statutes and registers (Land Title Act 2000, Native Title Act 1993, Crown Lands Act 1992, Pastoral Land Act 1992) that affect operation and enforcement (notably s 16A, s 3)","Layered decision‑making: Commissioner, Council and Minister each have distinct powers and review/ratification roles (e.g. Council must ratify Orders (s 16); Minister must approve some Orders and loans (ss 14(2A), 27))","Conditional logic and exceptions (e.g. 28 days' notice to enter unless occupier permits (s 9B); Ministerial consent required for livestock reduction orders (s 14(2A)); Administrator consent for loans over $20,000 (s 28))","Multiple enforcement and property mechanisms (criminal/regulatory offences, civil debt recovery, statutory charge on land, caveats and memorials on the land register) requiring coordination with land title processes (ss 22–23, 16A)","Loan scheme complexity: application, Commissioner report, Council recommendation, Ministerial approval, Treasurer‑set interest, security requirements and instalment mechanisms (ss 25–38, 30, 31)","Procedural timeframes and public consultation steps (notice publishing, 30/42/28 day notice periods in ss 9B, 18–19) that create sequencing constraints","Availability of judicial remedies with specialized routes (Supreme Court for removal of memorials, Lands Acquisition Tribunal for compensation disputes) increases legal complexity for affected parties (s 16A(7), s 43(5)(a))"],"plain_english_summary":"The Act creates a small administrative regime (Commissioner, Officers, Advisory Council) to prevent soil erosion and reclaim land by inspecting property, ordering or carrying out “treatment,” and providing loans or cost‑sharing. Soil Conservation Orders can restrict land use or stocking and be memorialled on title; the Territory may do required works and recover costs as a debt and statutory charge.\n\nIt mainly affects landholders (owners, lessees, native title holders) and lenders, changing land‑use rights, title encumbrances and incentives for compliance via financial assistance and enforcement."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/soil-conservation-and-land-utilisation-act-1969","history":"/api/acts/soil-conservation-and-land-utilisation-act-1969/history","analysis":"/api/acts/soil-conservation-and-land-utilisation-act-1969/analysis","conflicts":"/api/acts/soil-conservation-and-land-utilisation-act-1969/conflicts","importantCases":"/api/acts/soil-conservation-and-land-utilisation-act-1969/important-cases","documents":"/api/acts/soil-conservation-and-land-utilisation-act-1969/documents"}}