Soil Conservation Act Amendment Act 1955 (WA)

No. 32.] Soil Conservation. [1955.

SOIL CONSERVATION.

4° Elizabeth II., No. XXXII.

No. 32 of 1955.

AN ACT to amend the Soil Conservation Act, 1945..

[Assented to 24th November, 1955.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Soil Conser-

vation Act Amendment Act, 1955.

(2) In this Act the Soil Conservation Act, 1945, Act No. 15 of 1945,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Soil Conservation Act, 1945-1955.

1955.] Soil Conservation. [No. 32.

2.    Section two of the principal Act is amended amended.

by substituting for the Part heading, "PART V., ss. 31 to 39—AREAS OF EROSION HAZARD." in line eight, the Part heading, "PART V., ss. 31 to 38— SOIL CONSERVATION ORDERS."

3.    Section four of the principal Act is amended amended.

by deleting the interpretation, "Project".

S. 7

Section seven of the principal Act is amended by substituting for the words, "Under Secretary for Agriculture" in lines four and five of subsection (2) the words, "Director of Agriculture". amended.

4.

5. Section twenty of the principal Act is E?±' am,nded.

amended

(a) by deleting the words, "whether or not such work is for the purpose of giving effect to a project" in lines five and six of subsection (1); and

(b) by repealing subsection (2).

6. The principal Act is amended by adding after say a.

section twenty the following section:-

20A. The Minister may, out of moneys pro- nalikirce= advances and

vided by Parliament Payments.

(a)

make any advance upon such security g.sisagfor

and at such rate of interest and subject 1945'

to such covenants, conditions and pro-

visions as he may think fit to any

owner or occupier of land on which the

Commissioner has proposed the expen-

diture of money for works or practices

for soil conservation or mitigation of

soil erosion; and

(b)

pay any costs or expenses incurred

(i) in carrying out any works or practices proposed by the Com- missioner for soil conservation or mitigation of soil erosion; or

No. 32.] Soil Conservation. [1955.

(ii) under any arrangement made with any Government depart- ment or public authority for the carrying out of works authorised by it under this Act.

S. 21A

added. 7. The principal Act is amended by adding after

section twenty-one the following section:-

Saving

provision	21A. Notwithstanding anything to the con-
in relation to

State forests	trary contained elsewhere in this Act, where any
and timber
reserves.	works proposed to be carried out under the
Cf. 5.36 of
No. 15 of	authority of this Act are likely to affect, whether
1945.
injuriously or otherwise, any State forest or timber reserve, such works shall be carried out only by or with the concurrence of the Minister charged with the administration of the Forests Act, 1918.
Part V.

repealed and	8. The principal Act is amended by repealing
new Part V.

substituted.

Part V. and substituting in its place the following

Part:—

PART V.-SOIL CONSERVATION ORDERS.

Issue of soil

conservation	31. The Commissioner may, with the
orders.

Cf. 15 Geo.	approval of the Committee, make a soil conser-
VI., No. 24,
s. 15, Q; and	vation order relating to any tract of land which
s. 13b of the
Soil Conser-	is subject to erosion or is liable or likely to
vation Act,
1939-1947,	become liable to erosion as a result of

S.A., added by No. 44 of 1945,5.10.	(a)	any agricultural or pastoral practices
S .A.
or methods, which have been or are likely to be adopted on that land, or on any other land;
(b)	the clearing or intended clearing of that land or of any other land; or
(c)	failure on the part of any person to take reasonable precautions to prevent or control soil erosion on that land or any other land;

1955.] Soil Conservation. [No. 32.

but the Committee shall not approve the making of a soil conservation order until it is satisfied that the Commissioner has made, or by his officers has caused to be made, reasonable efforts to achieve the purpose of the proposed order, by negotiation with the owner or occupier of the land or both of them.

Contents of

32. (1) The Commissioner may cause notice of a soil conservation order to be served on the	orders.
As to service
see No. 30 or
owner or the occupier of the land, or on both	1918, s. 31.Cf. s. 13e
of them, and by the order may order all or any	(3) of the
Soil Conser-
vation Act,
of the following things	1939-1947.
by No. 44 of S.A.. added

(a)	that the owner or occupier or both	1945. s. 10,
adopt or refrain from adopting any	S .A.
agricultural or pastoral methods speci- fied in the order;
(b)	that the owner or occupier or both refrain from clearing any land specified in the order;
(c)	that the owner or occupier or both take such action as is specified in the order for preventing the erosion drift or movement of sand, soil or water on or from any land specified in the order;
(d)	any other matter incidental to the foregoing.
Cf. 5.34 post

(2) A soil conservation order is, subject to the decision of the Minister on appeal, if any, bind- ing upon persons on whom notice of it is so served. as to appeal.

33. (1) Where the CommisKuner has sub- ,I,11.(tg.r.2

mitted, or is about to submit,	Cf. 5.13f
of the Soil
Conservation

a proposal for a soil conservation order in 'gen

respect of land for consideration by the NU 44

1945, s. 10,

Committee, .A.

the Commissioner,

of his own motion and without reference to

the Committee,

No. 32.] Soil Conservation. [1955.

may,

if he has made, or by his officers caused to be made, reasonable efforts to achieve the purposes of the proposal by negotiations with the owner or occupier of the land or both,

issue an interim soil conservation order in

respect of the land,

ordering all or any of the things mentioned in paragraphs (a), (b), (c), and (d) of section thirty-two of this Act, but to such an extent only as is necessary to mitigate soil erosion pending the decision of the Com- mittee on the proposal,

and may cause notice of the interim soil con- servation order to be served on the owner or occupier of the land, or both.

s. 34 post as to appeal.	(2) An interim soil conservation order is, subject to the decision of the Minister on appeal, if any, binding on the persons on whom notice of it is so served until the Committee makes a decision on the proposal for the soil conservation order, or until the expiration of three months from the day of the service of the notice, which- ever occurs first.
Owner or

occupier	34. (1) An owner or occupier of land who
may appeal.

Cf. S. 31.	objects to a soil conservation order, or an interim
subsees. (4)
and (5) of	soil conservation order notice of which is so
No. 15 of
1945.	served upon him, may within two weeks of service of notice of the order, appeal against the order to the Minister by causing written grounds of his objection to be served on the Minister, who shall consider the objections and notify the appellant of his decision confirming, varying, or quashing the order.

(2) The decision of the Minister is final.

1955. ] Soil Conservation. [No. 32.

Enforcement

35. (1) In this section of orders. Cf. s. 13 (1)

"order" means a soil conservation order or an interim soil conservation order, as	of the Soil
Conservation
Act, 1939-
1947, S.A.,

the case requires.

added by

No. 44 of

1945, s. 10.

S .A.

Cf. No. 30 of

(2) If a person bound by an order contravenes

or fails to comply with the order he commits an

offence.

to penalty.1918, s. 29 as

Penalty: Minimum penalty irreducible in mitigation, notwithstanding the provisions of any other Act: Fifty pounds.

Maximum penalty: One hundred pounds.

(3) If a person bound by an order fails to do any thing which the order requires him to do, any person authorised by the Commissioner, with or without assistants

(a)	may do that thing and all things inci- dental thereto;
(b)	for the purpose of doing those things may, with or without plant and equip- ment, enter, remain upon, and pass and repass over, any land.

(4) If a person bound by an order obstructs or hinders the Commissioner or his assistants in exercising the powers conferred by subsection (2) of this section, he commits an offence.

Penalty: Twenty pounds.

(5) Expense incurred by the Commissioner in exercising his powers under this section

(a) is a debt due to the Crown by any person required by the order to do any- thing done by the Commissioner, and may be recovered by the Attorney General by action in any court of com- petent jurisdiction; and

No. 32.] Soil Conservation. [1955.

(b) shall be deemed to be incurred in respect of the whole of the farm, pas- toral holding, or other area of land, on which the thing in respect of which the expense is incurred, is done.

(6) If a person bound by an order fails to

comply therewith, and damage is caused to the land of any other person which would not have been caused if the order had been complied with, the owner or occupier of the land so damaged has a right of action against that person for the damage.

Expense to

be a charge	36. (1) (a) Where land in respect of which
on land.

Cf. s. 13 00,	expense is incurred under section thirty-five of
Soil Conser-
vation Act,	this Act is under the operation of the Transfer
1939-1947.
S.A., added	of Land Act, 1893, the Commissioner may give
by No. 44 of
1945, s. 10,	to the Registrar of Titles notice that expense has
S .A.
Cf. Part IV..	been so incurred and that so much of the expense
Div. 3, of the
Transfer of	as is specified in the notice is owing in respect
Land Act,
1893.	of the land, specifying it, and upon receipt of the notice the Registrar of Titles is authorised to register it by making a memorandum of the notice in the Register Book.

Where land in respect of which expense is incurred under section thirty-five of this Act is alienated from the Crown but is not under the Transfer of Land Act, 1893, the Commissioner may register under the Registration of Deeds Act, 1856, a memorial that expense has been so incurred and that so much of the expense as is specified in the memorial is owing in respect of the land, specifying it.

(b)

Cf. ss. 143-149

Where land in respect of which expense is incurred under section thirty-five of this Act is the subject of a lease or license under the Land Act, 1933, the Commissioner may give to the Under Secretary for Lands notice that expense has been so incurred and that so much of the expense as is specified in the notice is owing in respect of the land, specifying it, and upon receipt of the notice the Under Secretary for Lands is authorised to register it by making a memorandum of the notice in the Register Book.

of the Land (c)

Act, 1933.

1955.] Soil Conservation. [No. 32.

Where a notice or memorial is so regis- tered, the amount of the expense specified in the notice or memorial together with interest on that amount or the balance thereof owing for the time being at such rate not exceeding four per centum per annum, as the Commissioner fixes with the approval of the Minister, becomes on registration a first charge on the land men- tioned therein and ranks in priority to all other mortgages, charges and encumbrances on that land except mortgages and charges created in favour of the Crown or The Commis- sioners of the Rural and Industries Bank of Western Australia before the registration of the notice or memorial.

(d)

(2) Where default is made in the payment of any amount in respect of which a notice or memorial is so registered or the interest on that amount, the Commissioner

(a) has and may exercise in respect of the gfil.nik, land specified in the notice if it is land iTiTieje.°1 under the operation of the Transfer of 1893.

Land Act, 1893, the powers conferred by that Act upon a mortgagee under a mortgage in respect of which default has been made in payment;

(b)	has and may exercise in respect of land specified in the memorial if it is land alienated from the Crown but not under the operation of that Act, those powers but with such adaptations and modi- fications as are necessary because the land is not under the operation of that Act; and
(c)	has and may exercise in respect of land ELt.gekt,

specified in the memorial if it is land 1933'

the subject of a lease or license under the Land Act, 1933, the powers con- ferred by the Land Act, 1933, upon a mortgagee under a mortgage in respect of which default has been made in payment.

No. 32.] Soil Conservation. [1955.

(3) When the amount for which a notice or

memorial is so registered is fully paid the Com-

missioner

(a) shall, if the land in respect of which the notice is registered is under the operation of the Transfer of Land Act,

1893, give notice in writing of the pay-

ment in full of the amount to the Regis- trar of Titles who is authorised there- upon to register it in the Register Book;

(b)	shall, if the land in respect of which the memorial is registered is alienated from the Crown, but is not under the operation of that Act, register a memorial under the Registration of Deeds Act, 1856, of the payment in full of the amount; or
(c)	shall, if the land in respect of which the memorial is registered is the subject of a lease or license under the Land Act, 1933, give notice in writing of the payment in full of the amount to the Under Secretary for Lands who is authorised thereupon to register it in the Register Book,

and upon registration of the notice or the memorial, as the case may be, the land ceases to be subject to the charge.

(4) Notices, memorials, and registrations under this section are exempt from stamp duty and registration fees.

Right of

mortgagee	37. (1) If a person who is liable to pay the
to add

expense to	Commissioner the amount of any expense
mortgage.
Cf. s. 131 of	incurred under section thirty-five of this Act
the Soil
Conservation	fails to pay that amount upon demand made by
Act, 1939-
1947, S.A.,	or on behalf of the Commissioner, any mortgagee
added by
No. 44 of	of the land in respect of which the expense was
1945. 5. 10,
S A.	incurred, may pay to the Commissioner the amount of that expense and thereupon that amount is by operation of this section added to and forms part of the principal sum secured by the mortgage of that mortgagee.

1955.] Soil Conservation. [No. 32.

(2)

If a mortgagee incurs expense in comply- ing with any obligations imposed on him by a soil conservation order, the amount of that expense is by operation of this section added to and forms part of the principal sum secured by the mortgage.

(3) Where the whole of the principal sum secured by a mortgage is payable on a fixed date any amount added to that sum by this section is payable on that date; and where a principal sum is payable by instalments each instalment is by operation of this section increased by such amount as the mortgagee determines so as to spread the payment of the amount added over the outstanding term of the mortgage.

Where an amount is added to a principal sum by this section that amount, by operation of this section, bears interest at the same rate as that principal sum.

(4)

38. An order discharging a soil conservation geSer gar . ge

order or an interim soil conservation order may gitair

be made by the Commissioner under this section inegtion

if the soil conservation order or interim soil putdst. conservation order has been fully complied with lboiayo, or is no longer necessary, or any other just cause 8'A'

exists for discharging it.

S. 90

9. Section forty of the principal Act is amended amended.

(a)	by deleting the words, "or an area of erosion hazard" in line three of subsection (1); and
(b)	by deleting the passage, "or in the area of erosion hazard, as the case may be," in lines four and five of subsection. (3).

10. Section forty-seven of the principal Act is amended.

amended by substituting for the words, "Under Secretary for Agriculture" in line three of subsection (1), the words, "Director of Agriculture".

No. 32.] Soil Conservation. [1955.

s.48

amended. 11. Subsection (2) of section forty-eight of the

principal Act is amended

(a) by deleting paragraph (g); and

(b) by deleting paragraph (i).