Soil Conservation Act 1938

(Repealed)

Without affecting the generality of section 15 (1), the Commissioner or any officer or employee of the Service may for the purpose of the Commissioner’s determining whether a direction referred to in section 18 (2) (c) should be given as to the total number of livestock or the numbers of livestock of specified classes which may be carried on any land or a specified part thereof within an area of erosion hazard and determining the contents of any such direction:

enter at all reasonable times and inspect the land,

require any owner or occupier of the land to furnish such information relative to the number or numbers of each class of livestock usually carried on the land within the preceding five years and purchases or sales of that livestock made by the owner or occupier during that period as the Commissioner, officer or employee may require and to verify such information to the satisfaction of the Commissioner, officer or employee,

require the Pastures Protection Board constituted under the Pastures Protection Act 1934 for the pastures protection district within which is situated the land to produce for the inspection of the Commissioner, officer or employee all or any returns made by any owner or occupier of the land pursuant to the provisions of that Act and, where an assessment of carrying capacity has been made by the Pastures Protection Board in respect of the land, that assessment.

In making a determination the Commissioner shall have regard to:

the condition of the land in respect of soil erosion,

the classes of soils included in the land and the slopes of the surface thereof,

the kinds of grasses and pastures growing on the land,

the provision (if any) made on the land for reserve fodder,

the area (if any) of the land cultivated or usually cultivated for fodder production,

the works or measures (if any) undertaken on the land for pasture improvement,

the works or measures (if any) undertaken on the land for the prevention or mitigation of soil erosion,

the provision for stock water supplies on the land,

any other matters which, in the opinion of the Commissioner, affect the livestock carrying capacity of the land.