1Short title
This Act may be cited as the Soil Conservation and Land
Utilisation Act 1969.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
This Act may be cited as the Soil Conservation and Land
Utilisation Act 1969.
In this Act, unless the contrary intention appears:
approved means approved by the Minister in accordance with this Act.
Commissioner means the Chief Executive Officer of the
Agency, within the meaning of the Public Sector Employment and
Management Act 1993, primarily responsible to the Minister for the administration of this Act.
instrument of approval means a document signed by the
Minister stating that the Minister approves a loan.
land means all land in the Territory of whatever title or tenure, and includes native title rights and interests in land, within the meaning of the Native Title Act 1993 of the
Commonwealth.
landholder, in relation to any land, means an owner (including a native title holder within the meaning of the Native
Title Act 1993 of the Commonwealth), lessee, licensee, mortgagee in possession or occupier of that land or a manager or other person managing or controlling the use of that land.
Officer means Soil Conservation Officer.
the Council means the Soil Conservation Advisory
Council.
treatment means structural or agronomic work for the purpose of the conservation of soil or reclamation of land.
The Commissioner has such powers and functions as are conferred or imposed on him by this Act.
In the exercise of his powers and functions, the Commissioner is subject to the directions of the Minister.
There shall be such Soil Conservation Officers to assist the
Commissioner in the performance of his functions under this Act as the Minister thinks necessary.
Each Officer has such powers and functions as are conferred or imposed on an Officer by this Act.
In the exercise of his powers and functions, an Officer is subject to the directions of the Commissioner.
An Officer shall be appointed by the Minister.
(1) For the purposes of this Act, there shall be a council, to be known as the Soil Conservation Advisory Council.
(2) The Council has such powers and functions as are conferred or imposed on it by this Act.
The Council shall consist of:
the Commissioner;
a member with practical experience in the pastoral industry;
a member with practical experience in agriculture; and
not less than 2 nor more than 6 other members.
(4) The members of the Council, other than the Commissioner, shall be appointed by the Minister.
The Commissioner shall be the chairman of the Council.
(6) The Minister shall appoint a member of the Council to be the deputy chairman of the Council.
Subject to this Act, a member of the Council holds office until the expiration of such period, not exceeding 3 years, as is specified in his instrument of appointment, but is eligible for re-appointment.
Where a period of appointment is not specified in the instrument of appointment of a member of the Council, the member holds office, subject to this Act, for 3 years.
A member of the Council shall not disclose information obtained in the course of his duties as a member unless that disclosure is made in the course of those duties.
Maximum penalty: 25 penalty units or imprisonment for 3 months.
(1) Subject to this section, the Council shall meet at such times and places as the chairman considers necessary.
(2) Within 21 days after the receipt of a written request signed by not less than 3 members of the Council, the chairman shall call a meeting.
(3) A meeting of the Council shall be deemed not to have been duly called unless:
(a) at least 14 days' notice of the meeting, or such lesser period of notice of the meeting as is approved by at least 3 members, has been given to each member either by telegram or by writing served personally or by post; and
(b) the notice of the meeting specifies the place where and the time when the meeting is to be held.
At a meeting of the Council:
(a) 5 members, of whom one is the chairman or deputy chairman, form a quorum;
(b) the chairman, or in his absence the deputy chairman, shall preside;
(c) all questions shall be decided by a majority of votes of the members present; and
(d) the chairman, or in his absence the deputy chairman, has a deliberative vote and, in the event of an equality of votes, has also a casting vote.
(5) The Council may permit any person or the representative of any corporation, public authority, body, person or group of persons to speak at a meeting of the Council, but such a person or representative shall not vote at the meeting.
A member of the Council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council, otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than
25 persons and of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Council.
A disclosure under subsection (1) shall be recorded in the minutes of the Council and the member:
shall not, while he has that interest, take part after the disclosure in any deliberation or decision of the Council in relation to that matter; and
shall be disregarded for the purpose of constituting a quorum of the Council in relation to that matter.
The Council shall have the following functions:
(a) to advise the Minister on matters relating to this Act and the regulations, and in particular as to:
the state of erosion on land;
the progress being made with erosion control;
(iii) the measures which it recommends for further control of erosion or the reclamation of land; and
matters relating to the future utilisation of land;
(b) to provide a forum for the discussion and consideration of matters concerning soil conservation;
(c) to receive and consider reports and recommendations from the Commissioner on action taken by him under this Act and, where necessary, approve of or ratify that action; and
(d) to hear and consider submissions put before it by members of the public and, in particular, persons affected by the operation of this Act.
(1) Subject to subsection (2), where an Officer has reasonable cause to suspect that:
soil erosion is occurring on land; or
(b) there is a danger of soil erosion occurring on land because of the use to which that land has been put by the landholder or some other person,
that Officer may:
(c) enter upon that land together with any other persons or any animals, plant, machinery and equipment; and
(d) dig or bore into the land, make surveys, place marks and carry out investigations.
(2) Except with the permission of the occupier, an Officer shall not, under this section, enter upon land unless 28 days' notice in writing of his intention to enter has been served on the occupier.
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