Soil Conservation Act 1945

Land degradation is the central trigger for most of the Act’s powers. It is defined broadly in s 4 to include soil erosion, salinity, eutrophication, flooding, and the removal or deterioration of natural or introduced vegetation that may be detrimental to present or future use of land. Soil conservation is defined as the application 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 (s 4). Land conservation districts are areas constituted by the Governor on the recommendation of the Minister (s 22). They are the units for local soil conservation activity; each district may have a district committee established by Order in Council (s 23). District committees have functions including managing projects, carrying out works, reviewing land condition, and making recommendations for rates or service charges (s 24). Soil conservation reserves are lands reserved by Proclamation (for Crown land) or acquired by compulsory taking (for private land under Part 9 of the Land Administration Act 1997) and managed by the Minister to conserve soil and prevent injury to other land (s 26, 27). Soil conservation notices are the primary regulatory tool: the Commissioner may serve a notice on an owner, occupier, or any person whose practices directly cause land degradation, directing them to do or refrain from doing specified things (s 32). Notices can be registered with the relevant land registration officer, which makes them binding on successive owners and occupiers (s 34A). Conservation covenants and agreements to reserve are voluntary instruments entered into by landowners with the Commissioner to set aside land for vegetation protection; a conservation covenant is irrevocable, while an agreement to reserve may be discharged (s 30B). Both can be registered and bind successive owners (s 30C). Service charges are a mechanism for funding soil conservation services within a district; they are imposed by the Minister on the recommendation of the district committee after prescribed consultation steps, including public meetings (s 25A(8)-(10)). The money raised from a service charge must be used only for the specified service (s 25AA). Rates are another funding mechanism, assessed on the gross rental value or unimproved value of land and capped at 6 cents in the dollar (gross rental value) or 2 cents in the dollar (unimproved value) per financial year (s 25A(6)). The Land Conservation Districts Account is a special-purpose account under the Financial Management Act 2006 into which rates, service charges, advances and other moneys are paid, and from which allocations are made to district committees (s 25C). The Council (Soil and Land Conservation Council) has advisory and coordinating functions: it advises the Minister on soil and land resource condition, makes policy recommendations, coordinates programmes, and promotes awareness (s 16). The Commissioner has general functions including prevention and mitigation of land degradation, promotion of soil conservation, education, and coordination of government policies (s 13). Specific duties include surveys, investigations, experiments, dissemination of information, instruction, and collection of rates and service charges (s 14). The Act also defines key persons: owner includes those entitled in fee simple, holders of Crown leases, and even mortgagees receiving rents (s 4); occupier means the person actually occupying the land or entitled to possession (s 4). The public authority definition includes Ministers, certain statutory bodies, local governments, and the CEO under the Conservation and Land Management Act 1984, and can be extended by Order in Council (s 4).

The Act imposes obligations and confers rights on a wide range of persons and entities. Landowners and occupiers are the primary targets of soil conservation notices (s 32), and are liable for compliance costs that can become a first charge on their land (s 36). They must notify purchasers about registered notices or covenants before transferring an interest (s 34B, 30D). They are also subject to district rates and service charges if their land lies within a constituted land conservation district (s 25A). The definition of ‘owner’ in s 4 is broad, capturing not only freehold titleholders but also Crown leaseholders under the Land Administration Act 1997, and even mortgagees entitled to receive rents and profits - meaning a mortgagee could be directly bound by a notice if they are in receipt of rents. Mortgagees are specifically affected: they may pay outstanding expenses incurred by the Commissioner and add that amount to the principal sum secured by the mortgage (s 37(1)); they may also incur expense in complying with a soil conservation notice themselves, which is similarly added to the principal (s 37(2)). The expense charge created under s 36 ranks in priority to all mortgages and encumbrances except those in favour of the Crown created before registration (s 36(1D)), meaning a mortgagee’s security is subordinate to the Crown’s charge for enforcement costs. Government departments and public authorities are affected in several ways: they are obliged to cooperate with the Commissioner (s 18), must make records available upon request (s 19(4)), and must consult with the Commissioner when undertaking works likely to cause land degradation (s 17(4)). The Minister may arrange for another department to carry out works under the Act (s 17(1)). The Act also gives the Commissioner power to advise departments on the alienation and use of Crown lands where land degradation is relevant (s 19). District committees are constituted bodies whose members (appointed by the Commissioner on nomination from local governments and producer organisations) have responsibilities for project management, reporting, and making recommendations on rates and service charges (s 23, 24). They may employ persons (s 24(2)) and are accountable to the Commissioner for allocated funds (s 25C(5)). Local governments are affected when their district is wholly or partly within a land conservation district: they must be consulted before a district is constituted (s 22(1a)) and before a rate or service charge is imposed (s 25A(7)). They may enter into arrangements with the chief executive officer to serve notices of assessment and collect rates or service charges on behalf of the Crown (s 25B(6)). Their rate records are open to inspection by the Commissioner, chief executive officer, and district committee members (s 25B(7)). Persons carrying out agricultural or pastoral practices, clearing, or failing to take precautions are directly caught by the Commissioner’s power to serve a soil conservation notice (s 32(1)(a)-(d)). The notice can be served on any person who, in the Commissioner’s opinion, is acting in a manner directly associated with actual or potential land degradation, even if they are not the owner or occupier of the affected land (s 32(1)(e)). This extends the reach of the notice beyond the titleholder to contractors, licensees, or any person causing degradation. Successive owners and occupiers are bound by registered notices and covenants (s 32(3)(b), 30C(1)(b)), making due diligence essential for anyone acquiring land in a district. The Minister for Agriculture administers the Act (s 5(1)), has powers to impose rates and service charges, to make advances and payments (s 20A), to carry out works (s 20), and to manage soil conservation reserves (s 27). Council members are subject to disclosure obligations for material personal interests and face a $5,000 penalty for non-disclosure (s 11A). The plantation industry is specifically exempted: regulations and notices cannot prevent commercial harvest of plantation products if done in accordance with an approved code of practice (s 4A). This protects tree plantation operators from being stopped by soil conservation directions, provided they follow the industry code.

Duties of the Commissioner are set out in s 14 and include carrying out surveys and investigations to ascertain the nature and extent of land degradation throughout the State; investigating and designing preventive and remedial measures; conducting experiments and demonstrations; recording and publishing results; disseminating information; instructing and supervising landholders; advising and assisting affected landholders; coordinating policies and activities of Government departments and public authorities; collecting rates and service charges; and carrying out works authorised by the Act. The Commissioner also has a duty to give effect to directions from the Minister or the chief executive officer (s 7(2)), and must consult with government departments undertaking work likely to cause land degradation (s 17(4)). Duties of the Council include advising the Minister, making policy recommendations, coordinating and reviewing soil conservation programmes, and assisting the Commissioner (s 16). Duties of district committees include managing projects, carrying out works, reviewing land condition, developing programmes, making recommendations on rates and service charges, and performing functions agreed with the Council (s 24). Duties of owners and occupiers arise when a soil conservation notice is served: they must comply with its directions (s 35(2)). If a memorial of a notice or covenant is registered, they must notify any person who will succeed them in ownership or occupation of the content of the notice or covenant before agreeing to the transfer, and must notify the Commissioner within 14 days after ceasing to be owner or occupier (s 34B, 30D). Penalty for breach: a fine of $2,000. They must also allow the Commissioner or authorised officers to enter land for surveys and investigations, with at least 7 days’ notice (s 21(1)), though reasonable shorter notice is permitted (s 21(1a)). Duties of mortgagees who pay the Commissioner expenses incurred under s 35 may add that amount to the principal sum secured (s 37(1)); similarly, if a mortgagee incurs expense complying with a notice, that amount is added to the mortgage principal (s 37(2)). Mortgagees must also be aware that the Crown’s charge for expenses ranks ahead of their mortgage (s 36(1D)). Rights of persons bound by a soil conservation notice include the right to apply to the State Administrative Tribunal for review of the decision to issue the notice (s 34(1)). However, the lodging of an application does not suspend a direction to refrain from doing something (e.g. a prohibition on clearing) - only other requirements are suspended pending determination (s 34(4)). A person may also apply to the Commissioner for discharge of a notice if it has been fully complied with, is no longer necessary, or other just cause exists (s 38(2)). If the Commissioner refuses, the person may apply to the SAT for review (s 39). Right of a person damaged by non-compliance: if a person bound by a notice fails to comply and that failure causes damage to the land of another person, the damaged person has a right of action against the non-complying person (s 35(6)). Rights of the Commissioner include the power to enter land (with notice), make surveys, place marks, and take soil specimens (s 21). The Commissioner may also carry out works if a person fails to comply with a notice, and recover the expense as a debt due to the Crown (s 35(3), (5)). The expense becomes a first charge on the land (s 36). The Commissioner may delegate powers to any person with the approval of the chief executive officer (s 7(4)). Rights of the Minister include carrying out works (s 20), making advances to owners or occupiers for conservation works (s 20A), imposing rates and service charges (s 25A), and managing soil conservation reserves (s 27). The Minister may also enter arrangements with other departments for the carrying out of works (s 17(1)).

The Act creates a tiered system of penalties and enforcement mechanisms. Offences and maximum fines: contravening a soil conservation notice carries a penalty not exceeding $3,000, and if the offence continues after conviction, a further offence is committed (s 35(2), (2a)). Obstruction or hindrance of the Commissioner or assistants exercising enforcement powers under s 35(3) attracts a fine of $2,000 (s 35(4)). Interference with or damage to works, structures, plantations or vegetation placed under the Act is punishable by a fine of $1,000, plus liability for any loss or damage caused, which may be awarded by the court (s 42). Offences in soil conservation reserves are punishable by a fine of $2,000, and a further penalty equal to the value of damage plus twice the market value of any timber unlawfully cut may be imposed (s 28). A general penalty of $2,000 applies for contravention of any provision for which no other penalty is expressly provided (s 44(1)). Breach of regulations made under s 22 (land conservation district regulations) attracts a fine of $2,500 (s 22(4)), while breach of other regulations made under s 48 attracts a maximum penalty of $2,000 (s 48(3)(b)). Failure of a Council member to disclose a material personal interest is an offence punishable by a fine of $5,000 (s 11A(1)). Failure of an owner or occupier to notify a successor in interest about a registered notice or covenant, or to notify the Commissioner of cessation of interest, carries a fine of $2,000 (s 34B, 30D). Prosecution: proceedings may be commenced by the Minister, the Commissioner, or an authorised officer (s 45(1)). A certificate of authority is prima facie evidence (s 45(2)). Proceedings must be commenced within 2 years after the offence was committed (s 44(3)). Enforcement of notices: if a person bound by a notice fails to do something required, the Commissioner (or an authorised person) may do that thing, entering the land with plant and equipment (s 35(3)). The expense incurred is a debt due to the Crown, recoverable by action by the Attorney General in any court of competent jurisdiction (s 35(5)(a)). Charge on land: the expense may be secured by registering a notice or memorial with the Registrar of Titles or Registrar of Deeds and Transfers, which creates a first charge on the land ranking ahead of all other mortgages and encumbrances except those in favour of the Crown created before registration (s 36(1D)). Interest accrues at up to 4% per annum (s 36(1D)). On default, the Commissioner may exercise the powers of a mortgagee under the Transfer of Land Act 1893 or the Land Administration Act 1997, including power of sale (s 36(2)). Evidential presumptions: in proceedings for an offence against a soil conservation notice, if land has been cleared, the occupier at that time is deemed in the absence of evidence to the contrary to have cleared it; the owner is deemed unless the contrary is proved to have permitted the clearing (s 35(2b)). Similar presumptions apply in general proceedings under s 44(4): the occupier is deemed to have taken the action and the owner is deemed to have permitted it. Certified aerial photographs signed and certified by an authorised land officer are admissible as evidence of the condition of land and vegetation on a specified date, provided the Commissioner or an authorised person has entered and inspected the land to ascertain if it was cleared contrary to a notice (s 35(7), (8)). A certified document stating a particular geographic location is the area to which the notice relates is also admissible (s 35(9)). Civil right of action: s 35(6) gives a person whose land is damaged by another's failure to comply with a notice a right of action against that person. Protection of officials: no action, liability, claim or demand lies against the Minister, Commissioner, officers, employees, or the Council for any act, matter, thing, decision, or report done or made bona fide for the purpose of carrying out the Act (s 46).

Section 3 declares 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, Land Administration Act 1997, Local Government Act 1995, Mining Act 1978, Planning and Development Act 2005, Rights in Water and Irrigation Act 1914, Water Services Act 2012, and others. The key rule of primacy is that the Soil and Land Conservation Act 1945 is deemed paramount where effect can be given to its provisions without substantial interference with the other Acts (s 3). This means that if there is a conflict and it is possible to comply with both, the soil conservation requirements prevail. However, where substantial interference would result, the other Act’s provisions must be construed and applied with due regard to this Act’s objects. Interaction with the Land Administration Act 1997: the power to alter covenants of Crown leases where compliance would cause land degradation is given to the responsible Minister under the latter Act, upon advice from the Commissioner under s 19A. Soil conservation reserves may be created on private land by taking under Part 9 of that Act (s 26(3)). The expense charge under s 36 may be registered against Crown leases or licences (s 36(1A), (2)(c)). The definitions of ‘owner’ incorporate Crown lessees under that Act (s 4). Interaction with the Mining Act 1978: the Minister responsible for mining may vary, modify, revoke or add to conditions of a mining tenement on advice from the Commissioner that compliance with a condition would cause land degradation (s 19A). Interaction with the Local Government Act 1995: rates under s 25A are assessed using the local government's rate record (gross rental or unimproved value) and are payable by the owner as shown in that record (s 25A(3)). Local governments can be appointed to collect rates and service charges (s 25B(6)). The Act requires consultation with local government before constituting a district (s 22(1a)) and before imposing rates or service charges (s 25A(7)). Inspections of rate records are permitted (s 25B(7)). Interaction with the Environmental Protection Act 1971: the Act is supplementary to it (Schedule). There is no express provision in the Soil and Land Conservation Act for environmental impact assessment, but the Act’s notices and regulations can address land degradation that might also be pollution. The Environmental Protection Act may impose additional requirements. Interaction with the Conservation and Land Management Act 1984: s 21A provides that works likely to affect any State forest or timber reserve may be carried out only by or with the concurrence of the Minister administering the Forests Act 1918 (now the Conservation and Land Management Act 1984). The definition of ‘public authority’ includes the CEO under that Act (s 4). Interaction with the Transfer of Land Act 1893 and Registration of Deeds Act 1856: registration of memorials of soil conservation notices, conservation covenants, and expense charges is provided for (s 34A, 30B, 36). The relevant land registration officers are the Registrar of Titles (Torrens system) and Registrar of Deeds and Transfers (old system) (s 4). Interaction with the State Administrative Tribunal Act 2004: the SAT has jurisdiction to review decisions to issue soil conservation notices (s 34) and refusals to discharge them (s 39). The Act also references the Rates and Charges (Rebates and Deferments) Act 1992 for payment of soil conservation rates (s 25B(2)), the Taxation Administration Act 2003 for collection of overdue rates (s 25B(3)(b)), and the Financial Management Act 2006 and Auditor General Act 2006 for financial administration (s 25E). Interaction with plantation and forestry laws: s 4A overrides regulations and notices to the extent they would prevent commercial harvest of plantation products if done in accordance with an approved code of practice. This carves out tree plantations from the regulatory reach of soil conservation directions, subject to code compliance. The Bush Fires Act 1954 is listed in the Schedule, and regulations under s 22(2)(a) can prohibit the lighting of fires in conservation districts, potentially overlapping with bush fire management.

The Act, originally enacted as the Soil Conservation Act 1945, has been substantially amended over nearly eight decades. The most significant structural changes occurred in 1982 (No. 42 of 1982), which inserted Part IIIA on land conservation districts, introduced the current system of district committees and rating, and overhauled Part V on soil conservation notices. That amendment also changed the short title to the Soil and Land Conservation Act 1945 (see note 5). The 1988 amendment (No. 46 of 1988) further refined the district committee provisions, added the notification duties in s 34B, and increased penalties. The 1990 amendment (No. 91 of 1990) inserted Part IVA on conservation covenants and agreements to reserve, added registration of memorials for soil conservation notices (s 34A), and expanded the Council’s functions. The 1994 amendment (No. 47 of 1994) made a series of consequential changes, including updating references to the Local Government Act 1995 and Land Administration Act 1997. The 1999 amendment (No. 4 of 1999) added s 25AA to restrict the use of service charge money to the specified service only, and imposed mandatory public meeting requirements for imposing a service charge (s 25A(8)-(11)). The 2003 amendment (No. 56 of 2003) inserted s 4A, the critical plantation harvest exemption. The 2004 amendments (No. 55 of 2004) transferred review jurisdiction from the former Soil Conservation Tribunal to the State Administrative Tribunal, deleting s 33 and 39A and amending s 34 and 39. Various machinery-of-government amendments adjusted references to departments and officers, including the 2006 Financial Management and Auditor General changes (No. 77 of 2006). The Standardisation of Formatting Act 2010 (No. 19 of 2010) updated formatting and made minor amendments. The most recent major amendment is the Soil and Land Conservation Amendment Act 2022 (No. 19 of 2022), which entirely replaced the Council provisions: it reconstituted the Council as a body of up to 10 members with prescribed expertise (s 9A), introduced a formal disclosure regime for material personal interests (s 11A-11C), chairperson requirements (s 9B), terms up to 3 years (s 9C), grounds for removal (s 9D), and transitional provisions preserving the former Council and its members (Part 7). It also repealed the former Part VA (s 40-41H, which appears to have dealt with the Soil Conservation Tribunal or similar), deleted s 2, 6, 33, 39A, 43 and 47, and updated references to the chief executive officer and accountable authority. The uncommenced provisions table notes a pending amendment from the Petroleum Legislation Amendment Act 2024 (No. 17 of 2024) s 433(2), which is yet to be proclaimed. The compilation table shows the Act has been reprinted nine times, the last reprint being as at 12 July 2013, though subsequent amendments are incorporated in the current version.

The Act itself does not reference any specific cases, and we must not invent any. However, the Act provides for several avenues of litigation and review that have likely generated administrative tribunal and court decisions. Under s 34, a person objecting to a soil conservation notice may apply to the State Administrative Tribunal for review of the Commissioner’s decision to issue the notice. The SAT would have developed a body of case law interpreting the Commissioner’s opinion under s 32(1) - specifically whether the factual triggers (agricultural practices, clearing, failure to take precautions, destruction of vegetation) were made out and whether land degradation was occurring or was liable to occur. Similarly, s 39 provides for SAT review of a refusal to discharge a notice under s 38, likely giving rise to decisions on what constitutes ‘fully complied with’, ‘no longer necessary’, or ‘other just cause’. The SAT has jurisdiction under the State Administrative Tribunal Act 2004, and its decisions may be appealed to the Supreme Court on questions of law. Section 35(6) creates a statutory cause of action for damages where a person bound by a notice fails to comply and that failure causes damage to another’s land. This tort-like remedy could be pursued in a court of competent jurisdiction, and any resulting case law would interpret the causal link between non-compliance and land damage. Enforcement proceedings for offences under the Act (e.g. under s 35(2), 28, 42, 44) are dealt with in criminal courts, and the evidentiary provisions in s 35(7)-(9) regarding aerial photographs and official certification would be the subject of judicial consideration on admissibility and weight. Section 36 provides for the Commissioner to exercise mortgagee’s powers of sale on default, which could lead to disputes over the validity of the charge or the priority of the charge over other interests. The priority provisions (s 36(1D)) give the expense charge first ranking except for prior Crown charges, and litigation might arise over whether a particular mortgage qualifies as a ‘charge in favour of the Crown’. The definition of ‘owner’ in s 4 is broad enough to include mortgagees in receipt of rents, and a question could arise whether a mortgagee who is not in possession but entitled to rents is bound by a notice. Section 46 provides a protection for bona fide acts, and a person challenging an act of the Minister or Commissioner as not bona fide could bring proceedings, though the threshold is high. The transitional provisions in Part 7 (inserted in 2022) may give rise to questions about the continuity of the Council and the validity of decisions made by members taken to be appointed under s 51. In summary, while the Act does not name any decided cases, its enforcement and review mechanisms have almost certainly produced a body of SAT and court decisions on the scope of the Commissioner’s powers, the validity of notices, the proper procedures for service charges, and the application of penalties. A practitioner should search the Western Australian SAT decisions database and the Supreme Court of Western Australia for cases citing the Soil and Land Conservation Act 1945.

Several provisions in the Act create traps for the unwary. 1. Binding effect of registered notice on successive owners: A soil conservation notice, once a memorial is registered under s 34A, binds each successive owner and occupier (s 32(3)(b)). This means a purchaser of land may acquire a property already subject to a notice without realising it. The duty to notify the purchaser before agreeing to the transfer falls on the outgoing owner/occupier (s 34B), but if they fail to do so, the purchaser is still bound. Due diligence before settlement should include a search of the Torrens register or Deeds and Transfers record for any registered memorial. 2. Expense charge ranks ahead of existing mortgages: Under s 36(1D), the amount of expense incurred by the Commissioner in enforcing a notice becomes a first charge on the land, ranking in priority to all mortgages and encumbrances except those in favour of the Crown created before registration. This means a mortgagee’s security can be subordinated to a subsequent charge for conservation works. Mortgagees should monitor whether their borrower’s land is subject to a notice and ensure compliance to avoid this super-priority charge. 3. No automatic suspension of prohibitory directions: When a person applies to the SAT for review of a soil conservation notice, the obligation to refrain from doing something (e.g. a direction not to clear land) is not suspended pending the outcome (s 34(4)). Only positive obligations (e.g. to carry out works) are suspended. This means a landowner who challenges a ‘cease clearing’ order must still comply or risk prosecution while the review is pending. 4. Penalty for failing to notify successor: Both s 34B (for notices) and s 30D (for covenants) impose a $2,000 fine on an owner or occupier who fails to notify a person about to succeed them in ownership or occupation of the existence and content of the notice or covenant. This is a strict obligation that applies before the transfer agreement is concluded, not just at settlement. 5. Deemed ownership and occupancy for offences: In proceedings for clearing contrary to a notice, the occupier at the time is deemed in the absence of evidence to the contrary to have cleared the land; the owner is deemed unless the contrary is proved to have permitted the clearing (s 35(2b)). These reverse-evidential-burden provisions make it difficult for an owner to avoid liability even if a tenant or contractor did the clearing. Similar presumptions apply under s 44(4) generally. 6. Service charges require strict procedural steps: Before a service charge can be imposed, the Minister must ensure prescribed steps have been taken, including public meetings with notice, quorum, and voting (s 25A(8)-(11)). If any prescribed step is not taken or not taken in accordance with regulations, the imposition is of no effect (s 25A(11)). A district committee must follow the regulations exactly. 7. Plantation exemption is conditional: The exemption in s 4A applies only if the harvest for a commercial purpose is done in accordance with an approved code of practice that applies at the time. If no code is approved, or the harvest does not comply with the code, the exemption does not apply and the regulation or notice will be effective. 8. Protection for officials only if bona fide: s 46 protects the Minister, Commissioner, officers, employees, and the Council from personal liability only if the act, matter, thing, decision, or report was done or made ‘bona fide for the purpose of carrying out or giving effect to this Act’. If a person can show the act was done in bad faith or for an ulterior purpose, the protection is lost. 9. Two-year limitation for prosecutions: Proceedings for offences must be commenced within two years after the offence was committed (s 44(3)). This is a relatively short limitation period compared to many other regulatory offences. 10. Council member disclosure obligations: A Council member who has a material personal interest in a matter being considered must disclose it at a meeting as soon as possible; failure is an offence with a $5,000 fine (s 11A). The member must not vote or be present while the matter is considered unless the Council passes a resolution allowing it (s 11B). This can catch even inadvertent failure. 11. Regulations can prohibit clearing and change of land use: Under s 22(2), regulations made for land conservation districts can prohibit or regulate clearing, destruction of vegetation, or any change in the use of land. Such regulations may apply to all land within the district and can be made without the consent of the landowner. They can authorise the Minister or Commissioner to determine matters from time to time (s 22(3)(c)). 12. The Act is supplementary but paramount: Section 3 states the Act is supplementary to other Acts but its provisions are paramount where effect can be given without substantial interference. This primacy may come as a surprise to those accustomed to thinking of planning or environmental laws as overriding. In a conflict, if compliance with both is possible, the Soil and Land Conservation Act prevails.

For landowners and occupiers, compliance begins with awareness of whether the land lies within a land conservation district. If it does, the local government’s rate record will indicate whether a rate or service charge has been imposed (s 25A). Payment of such charges is mandatory within 30 days of notice of assessment (s 25B(2), (2a)). For land subject to a soil conservation notice, the person bound must strictly follow all directions (s 35(2)). Any ongoing obligation (e.g. a duty to maintain contour banks) must be complied with for the duration specified in the notice. If the notice requires refraining from clearing, that prohibition must be observed even if an application for review is pending, unless the SAT grants a stay (s 34(4)). The person bound should keep documentary records of compliance, such as photographs, receipts for works, and written authorisations, because the evidential burden shifts in any subsequent prosecution: the occupier is deemed to have cleared unless evidence to the contrary is adduced, and the owner is deemed to have permitted clearing unless the contrary is proved (s 35(2b)). When transferring an interest in land that is subject to a registered notice or covenant, the outgoing owner or occupier must notify the incoming party in writing of the content and binding effect before agreeing in writing to the succession (s 34B(a), 30D(a)). After the transfer, the outgoing person must notify the Commissioner in writing within 14 days of the cessation, providing the name and address of the successor (s 34B(b), 30D(b)). These notifications are critical to avoid the $2,000 penalty. Mortgagees who hold a mortgage over land subject to a notice should ensure the borrower complies, because the Commissioner’s expense charge will rank ahead of the mortgage if enforcement becomes necessary (s 36(1D)). If the occupier fails to pay the expense on demand, the mortgagee may pay it and add the amount to the principal of the mortgage (s 37(1)). A mortgagee who incurs expense complying with a notice (e.g. by carrying out required works after default) can also add that amount to the principal (s 37(2)). For district committees, compliance requires adherence to the directions of the Commissioner (s 24(1)(a), (c)). Committees must manage projects and carry out works only as authorised. If they wish to recommend a service charge, they must comply with the prescribed steps under s 25A(8)-(11), which include holding at least one public meeting with proper notice, a quorum, and an opportunity for affected persons to vote or express views. Failure to take any prescribed step will render the imposition of the service charge of no effect (s 25A(11)). Committees must also ensure that any moneys raised from a service charge are used only for the specified service (s 25AA(2)) and must refund any excess in proportion to the amount paid (s 25AA(3)). They must keep proper records and submit reports to the Commissioner when requested (s 25C(5)). For Council members, the key compliance requirement is the disclosure of material personal interests under s 11A(1) at a meeting as soon as possible after the relevant facts become known. If the chairperson determines that a member has such an interest, the member must not vote or be present while the matter is considered unless the Council passes a resolution under s 11B(3) that the interest should not disqualify. The minutes must record the disclosure or determination (s 11A(3)). Members should err on the side of disclosure to avoid the $5,000 penalty. For government departments and public authorities, compliance involves cooperating with the Commissioner, making records available upon written request (s 19(4)), and consulting with the Commissioner when undertaking works that may cause land degradation (s 17(4)). If agreement cannot be reached, the Commissioner must submit a full report to the Minister (s 17(4)). A department or authority that wishes to carry out works that may affect a State forest or timber reserve must obtain the concurrence of the Minister administering the Conservation and Land Management Act 1984 (s 21A). For persons clearing or changing land use in a land conservation district, the relevant regulations under s 22(2) must be checked. If a regulation prohibits or regulates clearing without prior notification, the person must comply, for example by giving notice to the Commissioner under s 48(2)(q) if such a regulation is in force. Ignorance of the regulation is no defence, as the regulations have the force of law. Finally, any person served with a soil conservation notice who wishes to challenge it should note the limited suspension under s 34(4) and the possibility of seeking a SAT stay. Legal advice should be sought promptly because the two-year limitation period for prosecution runs from the date of the alleged offence (s 44(3)).