Commissioner may issue soil conservation order
14 Commissioner may issue soil conservation order
(1) Where in the opinion of the Commissioner a danger of soil erosion would be created if:
(a) timber, scrub or other vegetable cover (whether living or dead) were damaged, destroyed, removed or otherwise interfered with on or from an area of land;
the surface of an area of land were disturbed;
(b) a particular method or practice of land use were adopted in relation to an area of land; or
(c) the number of livestock carried on an area of land exceeds a particular number, or were to increase beyond a particular number,
the Commissioner may serve a Soil Conservation Order on a landholder of that area of land.
(1A) A Soil Conservation Order served under this section may prohibit absolutely, or prohibit except with and in accordance with the terms and conditions of a written authority given by the Commissioner:
(a) the damaging, destroying, removal or otherwise interfering with timber, scrub or other vegetable cover (whether living or dead) on or from an area of land specified in the order;
(b) the disturbing of the surface of an area of land specified in the order;
(c) the adoption in relation to an area of land specified in the order of a method or practice of land use specified in the order; or
(d) the increasing of the number of livestock carried on an area of land specified in the order beyond a number specified in the order.
(1B) Subject to subsection (2A), a Soil Conservation Order served under this section may direct the person on whom it is served to reduce the number of livestock carried on an area of land specified in the order below a number specified in the order.
(2) Without limiting the generality of subsection (1A), an authority given under that subsection may require the person to whom the authority is given to fence an area of land specified in the authority in a manner approved by the Commissioner.
(2A) A Soil Conservation Order requiring a person to reduce the number of livestock carried on an area of land shall not be served until it has first been approved by the Minister.
(2B) The Commissioner may, under a Soil Conservation Order, require a landholder to provide details of the existing use of land referred to in that order and of that landholder's proposals for the future use of that land.
(3) The Commissioner may revoke or vary a Soil Conservation Order served under this section.
(4) A person served with a Soil Conservation Order under this section or a successor of such a person shall comply with and shall not contravene that order.
Maximum penalty: 8 penalty units.
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