What it does
The Soil and Land Conservation Act 1945 (WA) establishes the legislative framework for the conservation of soil and land resources and the mitigation of the effects of erosion, salinity and flooding in Western Australia. It is expressed in section 3 to be supplementary to the Acts listed in the Schedule, meaning it must be read in conjunction with those Acts and, where effect can be given to its provisions without substantial interference with other Acts, its provisions are deemed paramount. The Act creates a statutory architecture centred on a Commissioner of Soil and Land Conservation (section 7) and a Soil and Land Conservation Council (section 9) with advisory and coordinating functions. It enables the constitution of land conservation districts (section 22) with district committees (section 23) that can recommend the imposition of rates or service charges to fund soil conservation works (section 25A). The Act provides for soil conservation reserves (Part IV), conservation covenants and agreements to reserve (Part IVA), and soil conservation notices (Part V) , a key regulatory tool. A soil conservation notice may direct owners or occupiers to adopt specified practices or refrain from activities where land degradation is occurring or is likely to occur (section 32). The Act includes enforcement mechanisms including entry powers, default action by the Commissioner, offences with fines up to $3,000 for notice non-compliance, and the ability to register a charge on the land for expenses incurred (section 36). The Act applies across Western Australia and covers Crown land and private land. It also contains a significant carve-out: regulations and soil conservation notices are of no effect to the extent they purport to prevent the commercial harvest of plantation products done in accordance with an approved code of practice (section 4A). The Act is administered by the Minister for Agriculture and Food (section 5) and expenses are paid from money appropriated by Parliament.