Land degradation is defined broadly in section 4 to include soil erosion, salinity, eutrophication, flooding, and the removal or deterioration of natural or introduced vegetation that may be detrimental to the present or future use of land. Soil conservation means the application to land of cultural, vegetational and land management measures to attain and maintain an appropriate level of land use and stability in perpetuity, including measures to prevent or mitigate land degradation. The Act establishes a Commissioner of Soil and Land Conservation (section 7) as the chief operational officer, who must give effect to directions from the Minister and the chief executive officer. The Soil and Land Conservation Council (section 9) is a body of up to 10 members with expertise in areas such as agricultural production, environmental conservation, land management, local government, pastoral land management, soil conservation, and soil science (section 9A(4)). The Council advises the Minister, makes recommendations on land use policy, coordinates and reviews soil and land conservation programmes, and generally assists the Commissioner (section 16). Land conservation districts may be constituted by Order in Council (section 22(1)), with boundaries defined by reference to a map showing geographical features. For each district, a district committee may be established (section 23) with functions including managing projects, carrying out works for preventing land degradation, reviewing land use effects, developing and implementing conservation programmes, and making recommendations on rates and service charges (section 24). The Act allows the imposition of rates (section 25A(1)) and service charges (section 25A(1a)) to fund soil conservation. A service charge requires prescribed steps including public meetings and voting (section 25A(8)-(11)). A soil conservation notice (Part V) is a written direction from the Commissioner that can require or prohibit specified actions on land where land degradation is occurring or is likely. A conservation covenant is an irrevocable instrument under section 30B whereby an owner covenants to set aside land for vegetation protection; an agreement to reserve is similar but revocable. Both can be registered on title. Soil conservation reserves are areas declared under section 26, managed by the Minister. The Act also creates a Land Conservation Districts Account (section 25C) to hold rates, service charges, appropriations, and advances.

The Act primarily affects owners and occupiers of land in Western Australia, particularly those engaged in agricultural or pastoral operations. An owner includes a person entitled to the land for a freehold estate, a Crown lessee, a person entitled to receive rents and profits, and a mortgagee (section 4 definition of owner). An occupier includes the person by whom or on whose behalf the land is actually occupied, or if none, the person entitled to possession (section 4). Owners and occupiers are the primary subjects of soil conservation notices (section 32), rate and service charge liabilities (section 25A), and obligations under conservation covenants and agreements (sections 30C, 30D). They must notify successors of registered notices or covenants before transferring an interest (sections 30D, 34B) and face penalties for non-compliance. Government departments and public authorities are affected through coordination duties under section 17 and section 18, which requires them to cooperate with the Commissioner upon written request. Public authorities include Ministers charged with administering Schedule Acts, the Public Transport Authority, local governments, the CEO of the Conservation and Land Management Act, the Commissioner of Main Roads, and any other body declared by Order in Council (section 4). Local governments are directly affected in land conservation districts: the Minister must consult them before a rate or service charge is imposed (section 25A(7)), and they may enter into arrangements to collect rates and service charges (section 25B(6)). Their rate records are used for assessment (section 25A(3)). Mortgagees are affected by sections 36 and 37: they may pay expenses incurred under a notice and add the amount to the mortgage principal. They also have inspection rights for rate records (section 25B(7)). The plantation industry is protected by section 4A: regulations and notices do not apply to prevent commercial harvest of plantation products if done in accordance with an approved code of practice. The Soil and Land Conservation Council and district committees are directly constituted bodies with specific functions. Commissioner and officers have powers of entry (section 21) and enforcement (section 35). The Act also affects persons who cut timber or clear land without authorisation, as they may face offences under sections 28, 35, 42, or regulations under section 48.

The Commissioner has general functions including prevention and mitigation of land degradation, promotion of soil conservation, encouragement of landholders, and education (section 13). Duties include carrying out surveys, investigating and designing preventive measures, conducting experiments, recording and publishing results, disseminating information, instructing and supervising landholders, advising and assisting affected landholders, coordinating government policies, collecting rates and charges, and carrying out authorised works (section 14). The Commissioner has special powers with Ministerial approval to conduct experiments, employ workers, and supervise grants (section 15). The Commissioner may delegate powers (section 7(4)). The Council must advise the Minister, make recommendations on policy, coordinate programmes, promote awareness, and assist the Commissioner (section 16). District committees have functions including managing projects, carrying out works, reviewing land use effects, developing programmes, and making recommendations on rates (section 24). They may employ persons to assist. The Minister may carry out or authorise works (section 20), make advances to owners or occupiers for soil conservation works (section 20A), impose rates and service charges (section 25A), and lease land in soil conservation reserves (section 30). Owners and occupiers have the right to apply for review of a soil conservation notice to the State Administrative Tribunal (section 34). However, if a notice requires a person to refrain from doing something on land, lodging an application does not suspend that obligation (section 34(4)). They may also apply to the Commissioner for discharge of a notice (section 38) and, if refused, seek SAT review (section 39). For agreements to reserve, they may apply for discharge under section 30E with similar review rights. Mortgagees may add to their mortgage the amount of any expense incurred under a notice that they pay to the Commissioner (section 37(1)), or expense they incur in complying with a notice (section 37(2)). The added amount bears interest at the same rate as the principal sum (section 37(4)). Persons bound by a covenant or agreement and persons bound by a registered soil conservation notice have a duty before transferring an interest to notify the successor in writing of the content of the instrument and that it will be binding (sections 30D, 34B). They must also notify the Commissioner within 14 days of ceasing to be owner or occupier. All persons have a right to inspect rate records (section 25B(7)) in limited circumstances.

The Act creates a range of offences with escalating fines. For contravening a soil conservation notice, a person commits an offence and is liable to a penalty not exceeding $3,000, with a further offence for each day the contravention continues after conviction (section 35(2), (2a)). If land has been cleared, the occupier at the time is deemed to have cleared it unless evidence to the contrary is adduced, and the owner is deemed to have permitted the clearing unless the contrary is proved (section 35(2b)). Obstructing or hindering the Commissioner or assistants exercising default powers under section 35 carries a fine of $2,000 (section 35(4)). The Commissioner may do anything required by a notice if the person bound fails to comply, and the expense is a debt due to the Crown recoverable by action (section 35(5)). The expense may be registered as a charge on the land under section 36: when registered, it becomes a first charge ranking in priority to all other mortgages and charges except those in favour of the Crown created before registration (section 36(1D)). Interest up to 4% per annum applies. The Commissioner may exercise mortgagee powers under the Transfer of Land Act 1893 or Land Administration Act 1997 upon default (section 36(2)). For offences in soil conservation reserves, a person who without consent lights a fire, removes vegetation, places animals, or injuriously interferes with land is liable to a fine of $2,000, plus a further penalty equal to the value of damage and twice the market value of timber unlawfully removed (section 28). Interfering with authorised works attracts a fine of $1,000 plus liability for loss or damage (section 42). Failure to comply with any provision of the Act where no other penalty is provided carries a fine of $2,000 (section 44(1)). Council members who fail to disclose a material personal interest face a fine of $5,000 (section 11A(1)). Owners or occupiers who fail to notify successors or the Commissioner about registered notices or covenants face a fine of $2,000 (sections 30D, 34B). Proceedings for offences may be commenced within two years after the offence was committed (section 44(3)). In proceedings where an issue arises about whether land degradation was liable to occur as a result of actions of the owner or occupier, the occupier is deemed to have taken the action unless evidence to the contrary is adduced, and the owner is deemed to have permitted the action unless the contrary is proved (section 44(4)). Prosecutions may be commenced by the Minister, the Commissioner, or an authorised officer (section 45). The Minister, Commissioner, officers, and council members are protected from personal liability if acts are done bona fide for the purpose of carrying out the Act (section 46).

Section 3 provides that the Act is to be read in conjunction with and as supplementary to the Acts listed in the Schedule, which include the Biodiversity Conservation Act 2016, Building Act 2011, Bush Fires Act 1954, Environmental Protection Act 1971 (now repealed but listed), Forests Act 1918 (repealed), Land Administration Act 1997, Local Government Act 1995, Main Roads Act 1930, Mining Act 1978, Petroleum and Geothermal Energy Resources Act 1967, Planning and Development Act 2005, Rights in Water and Irrigation Act 1914, Swan Valley Planning Act 2020, and Water Services Act 2012. The Act is to be construed and applied with due regard to the objects and intentions of this Act, and where effect can be given to its provisions without substantial interference with another Schedule Act, this Act is deemed paramount (section 3). This gives the Soil and Land Conservation Act a qualified primacy over those other Acts. The Act also interacts specifically with the Land Administration Act 1997 in several ways: Crown land may be taken for soil conservation reserves under Part 9 of that Act (section 26(3)); leases and licences under that Act may have their covenants varied on Commissioner advice (section 19A); and the Land Administration Act definitions of Crown land and private land apply (section 26(6)). The Transfer of Land Act 1893 and Registration of Deeds Act 1856 are relevant for registration of memorials of soil conservation notices (section 34A), conservation covenants and agreements (section 30B), and charges for expenses (section 36). The Local Government Act 1995 is the basis for assessing rateable land and using rate records for imposing soil conservation rates and service charges (section 25A(3)). Local governments may enter arrangements to collect rates and charges (section 25B(6)). The Financial Management Act 2006 and Auditor General Act 2006 apply to the Department's operations under the Act (section 25E). The Taxation Administration Act 2003 Part 6 Division 2 applies to collection of soil conservation rates (section 25B(3)(b)). The State Administrative Tribunal Act 2004 provides review jurisdiction for soil conservation notices (sections 34 and 39). The Public Sector Management Act 1994 governs appointments of the Commissioner, Deputy Commissioner, and officers (sections 7, 7A, 8). The Duties Act 2008 exemption applies to notices and memorials under section 36 (section 36(4)). Importantly, section 4A provides that regulations made under section 22(2) or 48 and soil conservation notices are of no effect to the extent they purport to prevent commercial harvest of plantation products if done in accordance with an approved code of practice. This overrides the Act's own regulatory powers in favour of the plantation industry.

The Act was originally enacted as the Soil Conservation Act 1945 (No. 15 of 1945) and commenced on 1 July 1946. The short title was changed to the Soil and Land Conservation Act 1945 by amendment. Significant amendments include: No. 42 of 1982 which substantially restructured the Act, inserting Part III (Functions and powers), Part IIIA (Land conservation districts) with rating powers, and Part V (Soil conservation notices). No. 46 of 1988 further amended Part IIIA, including district committee provisions and enforcement. No. 91 of 1990 inserted Part IVA (Conservation covenants and agreements to reserve), added section 34A (registration of notice memorials), and amended definitions. No. 47 of 1994 made numerous amendments including to sections 4, 14, 23, 24, 25A-25C, 32, 34, 35, 38, 44, 46, and 48. No. 4 of 1999 introduced section 25AA (use of money raised by service charge) and amended sections 25A-25C. No. 56 of 2003 inserted section 4A (plantation harvest exemption). No. 55 of 2004 (State Administrative Tribunal jurisdiction) replaced previous court review with SAT review in sections 34 and 39. No. 77 of 2006 updated references to financial legislation. No. 28 of 2006 made machinery of government amendments. No. 19 of 2010 standardised formatting and amended the Schedule. The most recent major amendment is No. 19 of 2022 (Soil and Land Conservation Amendment Act 2022), which replaced the former Council with a new Soil and Land Conservation Council under sections 9-12, including provisions for up to 10 members, disclosure of interests, alternate members, and transitional arrangements (Part 7). The 2022 amendment also deleted former Part VA (sections 40-41H), amended sections 7, 7A, 15, 16, 19A, 20A, 21, 22, 23, 25, 25A, 25B, 25E-25G, 27, 28, 30D, 30E, 32, 34, 34A, 34B, 35, 37, 38, 42, 45, and 48. Section 49 defines transition day as the day section 8 of the 2022 Act came into operation. There is an uncommenced provision in the Petroleum Legislation Amendment Act 2024 (section 433(2)) which may further amend the Act when proclaimed.

The Act does not contain reference to any specific decided cases. It provides for review by the State Administrative Tribunal in two circumstances: a person objecting to the issue of a soil conservation notice may apply to SAT for review of the Commissioner's decision to issue the notice (section 34(1)); a person aggrieved by the Commissioner's refusal to discharge a soil conservation notice may apply to SAT for review of the refusal (section 39(1)). These review rights were inserted by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004, replacing earlier provisions that referred to the Minister and the Supreme Court. The Act also creates a right of action for damages where a person bound by a soil conservation notice fails to comply and damage is caused to another person's land that would not have occurred had the notice been complied with; that person has a right of action against the non-complying party (section 35(6)). In enforcement proceedings, the Act provides evidentiary presumptions: if a person is required to refrain from doing something on land, lodging an application for review does not suspend that obligation (section 34(4)). However, for other requirements, the obligation is suspended pending review. In any proceedings concerning land clearing, a certified aerial photograph is admissible as evidence of the condition of the land and vegetation on a specified date, provided the Commissioner or authorised person has entered upon and inspected the land for the purpose of ascertaining whether clearing has occurred contrary to a notice (section 35(7)-(8)). A document signed by an authorised land officer stating that a particular geographic location is the area to which a notice relates is admissible as evidence (section 35(9)). The two-year limitation period for commencing proceedings (section 44(3)) is relevant to litigation. The protection provision in section 46 shields the Minister, Commissioner, officers, and council from personal liability for acts done bona fide for the purpose of carrying out the Act. There is no provision for appeals from SAT decisions within the Act itself; general SAT appeal routes would apply.

Several provisions contain traps for the unwary. The plantation exemption (section 4A) is absolute: regulations and soil conservation notices are of no effect to the extent they purport to prevent the commercial harvest of plantation products if done in accordance with an approved code of practice. This overrides any soil conservation direction, even if land degradation is occurring. Successor liability: a soil conservation notice binds successive owners and occupiers if a memorial is registered under section 34A (section 32(3)(b)). Similarly, conservation covenants and agreements bind successive owners and occupiers while a memorial remains registered (section 30C(1)(b)). A person taking land subject to a registered notice or covenant must be notified by the transferor (sections 30D, 34B), but if the transferor fails to do so, the successor is still bound. No suspension for prohibitory orders on review: if a soil conservation notice requires a person to refrain from doing something on land, lodging a review application does NOT suspend the obligation (section 34(4)). Only other requirements are suspended pending review. Strict liability presumptions: in proceedings for breach of a notice involving clearing, the occupier at the time is deemed to have cleared the land unless evidence to the contrary is adduced; the owner is deemed to have permitted the clearing unless the contrary is proved (section 35(2b)). Similar presumptions apply in proceedings where land degradation is an issue (section 44(4)). Charge priority: expenses registered as a charge on land under section 36 become a first charge ranking ahead of all other mortgages and charges except those in favour of the Crown created before registration (section 36(1D)). This is a powerful enforcement tool. No court review for notices: review is exclusively through SAT (sections 34, 39). Service charges have strict procedural requirements: if any prescribed step is not taken or not taken in accordance with regulations, the imposition of the service charge is of no effect (section 25A(11)). Steps include public meetings and voting. Over-collection of service charges must be refunded pro-rata to landowners (section 25AA(3)). Leases and mining tenements can be varied: the responsible Minister may vary covenants of a lease under the Land Administration Act or a mining tenement under the Mining Act if the Commissioner advises that compliance would cause land degradation (section 19A). Works affecting State forests require concurrence of the Minister charged with the Forests Act (section 21A). Two-year limitation period for commencing proceedings (section 44(3)) is relatively short. Inspection of rate records: only the Minister, authorised persons, chief executive officer, and district committee members may inspect rate records for purposes of the Act (section 25B(7)). Definition of owner includes mortgagees (section 4): mortgagees can be liable under notices and are specifically given rights under section 37. Council member disclosure: a material personal interest must be disclosed; failure results in a $5,000 fine (section 11A). The interested member cannot vote or be present while the matter is considered unless a resolution is passed (section 11B). Alternate members may be appointed if a member is unable to act (section 9F). Transitional provisions for 2022 amendments mean that former Council members continue under the new structure for the remainder of their terms (section 51).

For owners and occupiers receiving a soil conservation notice: comply strictly with directions within the specified period. If you object, apply to SAT for review within any applicable time limit, but note that directions to refrain from doing something remain in force during review (section 34(4)). Apply for discharge under section 38 once the notice has been fully complied with or is no longer necessary. Promptly pay any expense demanded by the Commissioner under section 35; otherwise the amount becomes a first charge on the land (section 36). If the land is subject to a registered memorial, before transferring the land, notify the proposed successor in writing of the content of the notice and that it will bind them (section 34B(a)). Within 14 days of ceasing to be owner or occupier, notify the Commissioner in writing of the cessation and the new owner's/occupier's name and address (section 34B(b)). For conservation covenants or agreements: obtain written consent of all owners and occupiers before entering into the instrument (section 30B(3)). Comply with ongoing obligations. If a covenant or agreement is registered, notify successors before transfer and notify the Commissioner within 14 days of cessation (section 30D). If bound by an agreement to reserve, apply to the Commissioner for discharge if circumstances change (section 30E). For land conservation districts: if a rate or service charge is imposed, pay within 30 days of the notice of assessment (section 25B(2), (2a)). If you operate a plantation, ensure harvest is conducted in accordance with an approved code of practice under section 4A to avoid the application of regulations or notices. For local governments: when a land conservation district is proposed, the Minister must consult before the Order is made (section 22(1a)). If requested by the chief executive officer, enter arrangements for assessment and collection of rates/service charges (section 25B(6)). Allow inspection of rate records by authorised persons (section 25B(7)). For district committees: before recommending a service charge, ensure prescribed steps are taken including public meetings and voting (section 25A(8)-(11)). Manage projects and works in accordance with Commissioner directions (section 24). Provide reports on use of allocated funds (section 25C(5)). For mortgagees: if an expense is demanded from the landowner and unpaid, you may pay the Commissioner and add the amount to the mortgage principal under section 37. If you incur expense complying with a notice on the mortgaged land, you may also add that amount. For Council members: disclose material personal interests at the earliest opportunity (section 11A). Refrain from voting or being present while the matter is considered unless a resolution permits (section 11B). Avoid conduct that could be misconduct (section 9D(4)). For plantation operators: obtain or confirm a code of practice is approved by the Commissioner and published in the Gazette (section 4A(1)). Harvest only in accordance with that code to benefit from the exemption. For any person clearing land or undertaking agricultural operations: check whether the land is within a land conservation district subject to regulations under section 22(2) that prohibit or regulate clearing. Obtain prior notification to the Commissioner if required by regulations under section 48(2)(q). Ensure no soil conservation notice is in effect that restricts clearing. For general compliance: maintain records of any notifications given to successors or the Commissioner under sections 30D and 34B. Cooperate with Commissioner requests for information and surveys (sections 18, 19). Do not interfere with survey marks or authorised works (sections 21(5), 42). If the Commissioner proposes to enter land, at least seven days notice is required, though reasonable shorter notice may be given (section 21(1), (1a)).