Soil Conservation Act 1938 (NSW)

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An Act to make provision for the conservation of soil resources and farm water resources and for the mitigation of erosion; for these and other purposes to amend the Crown Lands Consolidation Act 1913 and certain other Acts; and for purposes connected therewith.

Part 1Preliminary1Name of Act and commencement(1)

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

(2)

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

2

(Repealed)

3Definitions(1)

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:

  • (a)

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

  • (b)

    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:

  • (a)

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

  • (b)

    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:

  • (a)

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

  • (b)

    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

  • (c)

    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…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.