Soil Conservation Act 1938

This Act may be cited as the Soil Conservation Act 1938.

This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

In this Act, unless the context or subject matter otherwise indicates or requires:

Bed, in relation to a river or lake, means the whole of:

the soil or other matter forming the channel in which the river flows, or

the soil or other matter forming the bottom of the lake,

and includes so much of the sides and bottom of the channel or of the shores and bottom of the lake as contain the river or lake at its mean level (whether or not the river or lake is for the time being at its mean level), but does not include any part of the sides or bottom of the channel or of the shores or bottom of the lake covered by water in times of flooding only.

Catchment area means an area in respect of which a notification under section 20 is, or is deemed to be, in force.

Catchment committee means a soil conservation catchment committee constituted in accordance with section 23A.

Commissioner means the person employed in the Public Service as the Soil Conservation Commissioner.

Corporation means the corporation constituted by section 4B (1).

Crown land means Crown land within the meaning of the Crown Land Management Act 2016.

Deputy Commissioner means the person employed in the Public Service as the Deputy Soil Conservation Commissioner.

Farming lands means:

lands used for farming, agricultural, horticultural, viticultural, vegetable-growing, market gardening, pastoral, grazing, poultry farming, silvicultural, floricultural or piscicultural purposes, and

any other lands declared by the regulations to be farming lands for the purposes of this Act.

Lake includes a lagoon, swamp or other collection of still water, whether permanent or temporary, not being water contained in an artificial work.

Occupier, in relation to land, includes a person having the control or management of the land, whether residing thereon or not.

Owner, in relation to land, includes every person who jointly or severally, whether at law or in equity:

is entitled to the land for any estate of freehold in possession, or

is a person to whom the Crown has lawfully contracted to sell the land under the Crown Land Acts or any other Act relating to the alienation of lands of the Crown, or

is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession or otherwise, or

is the holder of any lease granted under the Crown Land Acts or any other Act relating to the disposition of lands of the Crown.

Regulations means regulations made under this Act.

River includes:

a stream of water (whether or not consisting of or including saline water), whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream, and

an affluent, confluent, branch or other stream of water (whether or not consisting of or including saline water) into or from which a stream referred to in paragraph (a) flows.

Service means the Soil Conservation Service of New South Wales.

Tree includes sapling, shrub and scrub.

Works, other than in Part 4, means:

works necessary for the conservation of soil or the mitigation of erosion and any operations incidental thereto, or

works necessary for the conservation of water resources or the provision or improvement of the water supply to farming lands for domestic or stock purposes, and any operations incidental thereto, not being the construction or improvement of a bore (within the meaning of the Farm Water Supplies Act 1946).

In this Act, a reference to the conservation of water resources is a reference to the conservation of water resources on farming lands, not being water resources concerned primarily with irrigation and not being sub-surface water resources.

The Commissioner shall subject to the control and direction of the Minister exercise and discharge the powers, authorities, duties and functions conferred and imposed upon the Commissioner under this Act.

(Repealed)

In the case of the absence from duty of the Commissioner the Governor may appoint a person to act in place of the Commissioner during the Commissioner’s absence.

While so acting the person shall have the immunities and may exercise and discharge all the powers, authorities, duties and functions of the Commissioner.

A person appointed under this subsection may if the Minister thinks fit be paid such remuneration for the person’s services, including travelling and subsistence allowances, as the Minister may determine.

No body shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the place of the Commissioner, or as to the necessity or propriety of any appointment of a person under this subsection, and all acts or things done or omitted by a person when so acting as aforesaid shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the Commissioner for whom the person is acting.

(Repealed)

(Repealed)

A Deputy Commissioner:

shall assist the Commissioner in the exercise or discharge of the Commissioner’s powers, authorities, duties and functions,

may, with the approval of the Minister, act in the place of the Commissioner or, if a person has been appointed under section 4 (6) to act in the place of the Commissioner, in the place of the person if the Commissioner or the person, as the case may be:

is absent from duty, or

though not absent from duty, is not available to exercise or discharge his or her powers, authorities, duties and functions,

and while so acting shall have the immunities and may exercise or discharge all the powers, authorities, duties and functions of the Commissioner, and

shall exercise or discharge such other powers, authorities, duties and functions as are conferred or imposed upon a Deputy Commissioner by or under this or any other Act.

An approval under subsection (3) (b), in relation to a Deputy Commissioner acting in the place of the Commissioner, shall not have effect while a person is acting in the place of the Commissioner under section 4 (6).

No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a Deputy Commissioner to act in the place of the Commissioner, or as to the necessity or propriety of any approval for a Deputy Commissioner so to act and all things done or omitted by a Deputy Commissioner while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the Commissioner.

The Commissioner is, for the purpose of exercising or performing those powers, authorities, duties or functions expressed to be conferred or imposed on the Corporation by or under this Act, hereby incorporated as a corporation sole with the corporate name “Soil Conservation Commission of New South Wales”.

The Corporation:

has perpetual succession,

shall have an official seal,

may take proceedings, and be proceeded against, in its corporate name,

may do and suffer all other things that a body corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Corporation is constituted, and

is, for the purposes of any Act, a statutory body representing the Crown.

The seal of the Corporation shall be kept by the Commissioner and shall be affixed to an instrument or document only in the presence of the Commissioner, or a person for the time being authorised by the Commissioner for the purpose, who shall attest by his or her signature the fact and date of the affixing of the seal.

All courts and persons acting judicially:

shall take judicial notice of the seal of the Corporation that has been affixed to any instrument or document, and

shall, until the contrary is proved, presume that the seal was properly affixed.

With the aim of ensuring the conservation of the soil resources of the State, the mitigation of soil erosion and land degradation and the conservation of water resources, the Commissioner shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on the Commissioner by or under this or any other Act and, in particular, the Commissioner shall have and may exercise and perform the following powers, authorities, duties and functions:

the encouragement and guidance of experimental and research work for or in connection with any purpose contemplated by this Act, the publication of the results of experimental and research work and the establishment of research centres,

the collection, collation, interpretation, publication and promulgation of data concerning the physical capability of lands,

the evaluation of the present condition of the State’s soil resources, and the future requirements for the mitigation of soil erosion and land degradation,

the maintenance of a repository of relevant data on soils and on methods of protecting soils,

the carrying out of surveys and investigations,

the mapping of catchment areas, protected lands and areas of erosion hazard,

the protection of any proclaimed works, notified catchment areas, rivers, lakes, dams, ports, harbours, bays, lagoons, creeks, swamps and marshes from the effects of soil erosion, land degradation, siltation and sedimentation,

the administration of areas of erosion hazard,

the preparation of schemes of operations,

the carrying into effect and administration of projects,

the preparation of designs for and the estimation of the costs of any works proposed to be carried out on any lands,

the supervision of the carrying out of any works,

the stimulation of interest in soil conservation, land management and improved land use practices,

the initiation, arrangement and conduct of field days and demonstrations,

the formulation, co-ordination and implementation of plans for the assessment, conservation, protection and utilisation of the State’s soil resources,

the provision of advice and assistance in connection with any works to persons whose lands have been or are liable to be affected by soil erosion or land degradation,

the instruction and supervision of landholders, contractors and constructing authorities in matters pertaining to soil conservation and reclamation,

the training and education of persons engaged in soil conservation,

having regard to the objects of this Act, the co-ordination, in relation to soil conservation and the mitigation of soil erosion and land degradation, of the policies and activities of government departments, statutory authorities, local authorities and other public bodies,

the management, by arrangement with the Water Resources Commission or any other water supply authority, of acquired foreshore land within the catchment of any dam for public water supply under the control of the Commission or the other authority, and

the making of inquiries and recommendations in respect of matters referred to the Commissioner by the Minister.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commissioner to exercise his or her functions.

With a view to conserving the soil resources and water resources of the State and protecting catchment areas and proclaimed works the Commissioner may of the Commissioner’s own motion, and shall, if so directed by the Minister, conduct experimental and research work in connection with soil conservation and erosion mitigation, in connection with the conservation of water resources and in connection with any other purpose contemplated by this Act.

(Repealed)

The Commissioner shall conduct such investigations relative to any special aspect of erosion or conservation of water resources as may be required by the Minister.

The Minister may authorise or direct the making of any survey or the carrying out of any investigation or other operations which the Minister considers necessary or desirable for giving effect to any of the purposes of this Act.