Soil Conservation Act Amendment Act 1980 (Qld)

42 ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1980 An Act to amend The Soil Conservation Act of 1965 in certain particulars [ASSENTED TO 10TH APRIL, 1980]

Soil Conservation Act Amendment Act 1980, No. 5 43 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This -Act may be cited as the Soil Conservation Act Amendment Act 1980. (2) The Soil Conservation Act of 1965 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Soil Conservation Act 1965-1980. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in subsection (1), inserting after the word " not " the words " unless the recommendation of the Authority to that effect has been first obtained "; (b) inserting after subsection (2) the following subsections:- (3) An Order in Council made for the purpose of the application of section 47 (24) of the Local Government Act 1936-1979 to the Area of a Local Authority or any part or parts thereof specified in subsection (1) may be made subject to such terms and conditions as the Governor in Council determines. (4) A Local Authority that seeks a recommendation required for the purposes of subsection (1) shall make an application to the Authority for that recommendation. The Authority shall investigate every application so made and shall furnish to the Minister its report and recommendation thereon. The Minister shall submit to the Governor in Council the report and recommendation so furnished.". 3. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) in the meaning of the term " Director ", omitting the words " Development Planning and Soil Conservation " and substituting the words " Land Utilisation "; (b) omitting the term " Project area " and its meaning; (c) inserting after the term " Soil conservation " and its meaning, the following term and meaning:- Soil conservation project area " or " project area "-An area constituted in accordance with section 69 or 73;"; (d) omitting the term " Statutory Authority " and its meaning and substituting the following term and meaning:- Statutory authority "-A Local Authority, The Commissioner for Railways, The Commissioner of Main Roads, The Commissioner of Water Resources, a River Improvement Trust or any other person or body declared by the Governor in Council by Order in Council to be a statutory authority;".

44 Soil Conservation Act Amendment Act 1980, No. 5 4. Repeal of and new s. 9. The Principal Act is amended by repealing section 9 and substituting the following section:- " 9. Constitution of Soil Conservation Authority. (1) On and from the commencement of the Soil Conservation Act Amendment Act 1980 there is established and there shall be thereafter constituted from time to time as prescribed a body corporate under the name and style " The Soil Conservation Authority ". (2) The Authority by the name and style conferred upon it by subsection (1) shall have perpetual succession and a common seal and for the purposes of carrying out the objects and purposes of this Act, shall be capable in law of suing and being sued and of taking, acquiring, holding and disposing of land and other property, of granting and taking leases of land and other property and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (3) The Authority shall represent the Crown and, subject to this Act, shall have and may exercise all the powers, privileges, rights and remedies of the Crown. (4) All courts and persons acting judicially shall take judicial notice of the common seal of the Authority and, until the contrary is proved, shall assume that it was duly affixed to any document on which it appears. (5) Upon the commencement of the Soil Conservation Act Amendment Act 1980 the corporation sole constituted by The Soil Conservation Act of 1965 is dissolved.". 5. New ss. 9A-9L. The Principal Act is amended by inserting after section 9 as inserted by this Act the following sections:- " 9A. Composition of Authority. (1) The Authority shall consist of four members comprising- (a) the holders for the time being of the following offices of the Department of Primary Industries- (i) the Director-General; (ii) the Director of the Division of Land Utilisation; (iii) the Director of Soil Conservation; (b) the Commissioner of Water Resources for the time being. (2) The Director-General shall be chairman of the Authority. (3) The Minister may, on the recommendation of a member of the Authority, appoint a nominee of that member. A nominee so appointed, while he is acting in the stead of the member whose nominee he is, shall have and may exercise the powers and authorities and shall perform the functions and duties of that member. 9B. Casual vacancies . When a vacancy occurs in the membership of the Authority, the nominee of the member who has ceased to be a member shall become and continue to be a member in the stead of such member until the office held by such member prior to his ceasing to be a member has been filled.

Soil Conservation Act Amendment Act 1980, No. 5 45 9C. Deputies of members . (1) The Minister may at any time appoint persons who are not members of the Authority or nominees of those members to be deputies of the several members of the Authority or their nominees. (2) A person appointed as a deputy of a member of the Authority or his nominee may, in the absence of the member or nominee whose deputy he is, attend any meeting of the Authority in the stead of that member or nominee and while so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of the member or nominee whose deputy he is. 9D. Meetings . The Authority shall meet as often as is necessary for the exercise and performance of its powers, authorities, functions and duties. The chairman may at any time convene a meeting of the Authority. 9E. Procedure at meetings . (1) The chairman of the Authority shall preside at all meetings of the Authority at which he is present. (2) If the chairman is absent from a meeting of the Authority from any cause, a member of the Authority elected at that meeting shall preside thereat. A member so elected to preside at a meeting shall, while he so presides, have all the powers, functions and immunities of the chairman of the Authority. (3) A quorum shall consist of three members of the Authority and business shall not be conducted at a meeting unless a quorum is present. 9F. Conduct of affairs . (1) The Authority shall exercise or perform a power, authority, function or duty by the majority vote of its members present at a meeting and voting on the business in question. (2) A member of the Authority who being present at a meeting and eligible to vote abstains from voting shall be taken to have voted for the negative. (3) The chairman of the Authority has a deliberative vote and also, in the event of an equality of votes upon any question, a casting vote. (4) Subject to this Act, the Authority shall conduct its business generally and proceedings at meetings in such manner as it determines from time to time. 9G. Record of proceedings at meetings and decisions . The chairman of the Authority shall cause to be kept a record of its proceedings at meetings and of all decisions of the Authority whether made at a duly constituted meeting or by reference in writing and a record of a decision made otherwise than at a duly constituted meeting shall be presented at a subsequent meeting of the Authority for confirmation as to its correctness and shall be signed by the chairman and thereupon shall form part of the minutes of that meeting. 9H. Custody and affixing of seal. The common seal of the Authority, shall be kept in the custody of the chairman or a member thereof nominated by the chairman.

46 Soil Conservation Act Amendment Act 1980, No. 5 The common seal shall be affixed to a document only in pursuance of a resolution of the Authority and by the person having custody of the seal in accordance with this Act. 91. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by the Authority for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or by another member of the Authority at the chairman's direction or by an officer of the Division of Land Utilisation of the Department of Primary Industries nominated by the chairman. 9J. Validity of acts. Any act, proceeding, decision or determination of the Authority is not invalid or unlawful by reason only of any defect in the membership or appointment of a member thereof or a vacancy in the membership thereof at the time of that act, proceeding, decision or determination. 9K. Execution of contracts , agreements . Contracts or agreements on behalf of the Authority may be made, varied or discharged in the following manner:- (a) A contract or agreement that, if made between private persons would be required by law to be in writing under seal may be made, varied or discharged in the name and on behalf of the Authority, in writing under the common seal of the Authority. (b) A contract or agreement that, if made between private persons, would be required by law to be in writing and signed by the parties to be charged therewith may be made, varied or discharged by the Authority in writing signed by any person acting under the express or implied authority of the Authority. (c) A contract or agreement that, if made between private persons would by law be valid although made by parol only and not reduced into writing, may bey made, varied or discharged in the name of and on behalf of the Authority, by any person acting under the express or implied authority of the Authority. 9L. Savings . (1) Every approval, direction, determination, notice, prohibition, order or other act of authority granted, issued, made, given, done or otherwise originated by the corporation sole constituted by The Soil Conservation Act of 1965 before the commencement of the Soil Conservation Act Amendment Act 1980 in force and subsisting immediately before the commencement of that Act shall continue in force as if it had been granted, issued, made, given, done or otherwise originated by the Authority as constituted upon the commencement of that Act until it expires by effiuxion of time or is revoked or cancelled and may be proceeded with, amended, varied, altered or enforced as if it were any approval, direction, determination, notice, prohibition, order or other act of authority granted, issued, made, given, done or otherwise originated by the Authority after the commencement of that Act. (2) Every agreement, contract or arrangement entered into by or made with the corporation sole constituted by The Soil Conservation Act of 1965 before the commencement of the SoilConservation Act

Soil Conservation Act Amendment Act 1980, No. 5 47 Amendment Act 1980 in force and subsisting immediately before the commencement of that Act shall be deemed to be an agreement, a contract or an arrangement entered into by or made with the Authority after the commencement of that Act and shall be binding and of full force and effect in every respect in favour of or against the Authority.". 6. Amendment of s. 11. Section 11 of the Principal Act is amended by- (a) in subparagraph (b), omitting the words " conduct of such experiments and demonstrations " and substituting the words " performance of its functions and duties "; (b) in subparagraph (c), omitting the words " prescribed in section ten of this Act ". 7. Amendment of s. 12 . Section 12 of the Principal Act is amended by, in subsection (2), omitting from subparagraph (i) the words " Department of Irrigation and Water Supply " and substituting the words " Water Resources Commission ". 8. Amendment of s. 19. Section 19 of the Principal Act is amended by, in subsection (5), omitting the word " pastoral " and substituting the word " rural ". 9. Amendment of s. 27. Section 27 of the Principal Act is amended by, in subsection (3), omitting the words " five pounds " and substituting the expression " $10 ". 10. Amendment of s. 41. Section 41 of the Principal Act is amended by, in subsection (3), omitting the word " pounds ". 11. Amendment of s. 48. Section 48 of the Principal Act is amended by, in subsection (1), omitting from the second paragraph the word " pound " and substituting the word " dollar ". 12. Amendment of s. 55. Section 55 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection':- " (2) (a) The Trust shall in the preparation of a scheme classify all works for the implementation of the scheme into- (i) community works; (ii) owner works. Community works are those works that in the opinion of the Trust are for the general benefit of the locality or the particular benefit of a group of owners of land in that locality. Owner works are those works other than community works.

48 Soil Conservation Act Amendment Act 1980, No. 5 (b) For each scheme the Trust shall cause to be prepared- (i) with respect to the scheme, specifications that will include the subdivision of the works among the persons and statutory authorities to be involved in undertaking and maintaining the scheme; (ii) with respect to capital costs, a preliminary estimate showing separately the estimated cost of the community works and of the owner works both in the aggregate and in respect of each parcel of land. (c) During the preparation of a scheme the Trust shall where possible consult with all owners of land, statutory authorities and other persons or bodies who or that in the opinion of the Authority will be or are likely to be affected by the implementation of the scheme."; (b) in subsection (3), (i) omitting the words " of three months from " and substituting the words " determined by the Trust being not less than 30 days after "; (ii) in subparagraph (a) of the second paragraph, omitting the words " as aforesaid " and substituting the words " for the period determined in accordance with this subsection "; (iii) omitting subparagraph (c) of the second paragraph and substituting the following subparagraph:- (c) forward a copy of the scheme to every statutory authority and Government Department that in the opinion of the Trust will be affected by the scheme.". 13. Amendment of s. 58. Section 58 of the Principal Act is amended by, in subsection (1), inserting after the word " is " the words " or is to be '9. 14. Amendment of s. 60. Section 60 of the Principal Act is amended by, in subsection (2), omitting from the second paragraph the words " two months from the date of first publication of such notice " and substituting the words " 30 days next following the date of first publication of such notice or such longer period as is specified in the notice ". 15. Amendment of s. 64. Section 64 of the Principal Act is amended by, in subsection (1), omitting the word " sixty " and substituting the figures " 61 ". 16. Amendment of s. 65. Section 65 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the word " notice " where firstly occurring and substituting the words " a notice to be called " a soil conservation notice " "; (ii) omitting the word " notice " where it occurs in the last paragraph and substituting the words " soil conservation notice ";

Soil Conservation Act Amendment Act 1980, No. 5 49 (b) in subsection (2), omitting the word " notice " where firstly occurring and substituting the words " soil conservation notice "; (c) in subsection (3), (i) inserting after the word " give " the words " a soil conservation "; (ii) adding at the end thereof the following paragraph:- Notwithstanding subsection (2), the Trust, with the approval of the Authority, may come to an arrangement with an owner of land issued with a soil conservation notice in accordance with this section with respect to work to be undertaken or costs to be borne consequent upon the giving of such notice.". 17. Amendment of s. 66. Section 66 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the note " Community works "; (b) omitting the words " works of general benefit " and substituting the words " community works ". 18. Amendment of s. 67. Section 67 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:- (4) (a) A person who feels aggrieved by an erosion correction notice given to him pursuant to subsection (1) may within 30 days after the receipt thereof by him refer the matter of its issue to the Authority. (b) Upon the hearing of the reference, the Authority or any person or persons appointed by the Authority in that behalf (which appointment the Authority is authorized to make) shall consider the matter and- (i)-may confirm the notice; (ii) may direct that the Trust withdraw the notice; (iii) may alter, amend or vary the notice in such manner as is considered appropriate; (iv) may suspend the operation of the notice for such period as is considered appropriate. (c) Notice of the decision of the Authority or the person or persons so appointed shall be given forthwith to the person who referred the matter. (d) Upon a reference under this subsection- (i) where the notice is confirmed, the owner or occupier concerned shall comply in all respects with the notice; (ii) where a direction is given that the Trust concerned withdraw the notice, the Trust shall forthwith withdraw the notice; (iii) where the notice is altered, amended or varied, the owner or occupier and the Trust concerned shall comply in all respects with the notice as so altered, amended or varied; (iv) where the operation of a notice is suspended, the notice shall cease to be of any force or effect during the period of suspension.

50 Soil Conservation Act Amendment Act 1980, No. 5 (e) The decision of the Authority or the person or persons appointed by it upon a reference under this subsection is final and without appeal. (f) The Authority or the person or persons appointed by it, upon a reference under this subsection, may summon witnesses, administer oaths and take such evidence as is considered necessary or desirable for the hearing and determination of the reference.". 19. Amendment of s. 68. Section 68 of the Principal' Act is amended by, in subsection (2), omitting the expression " Opon " and substituting the word " Upon ". 20. Amendment of s. 71. Section 71 of the Principal Act is amended by- (a) in subsection (3), (i) in paragraph (a), (A) omitting the word " notice " and substituting the word " order "; (B) omitting the words " soil correction "; (ii) in paragraph (b), omitting the words " soil correction "; (iii) in paragraph (c), (A) omitting the word " is " and substituting the word " are "; (B) omitting the words " soil conservation "; (b) omitting subsection (4) and substituting the following subsection:- (4) (a) A person who feels aggrieved by a soil conservation order given to him pursuant to subsection (1) may within 30 days after the receipt thereof by him refer the matter of its issue to the Minister. (b) Upon the hearing of the reference, the Minister or any person or persons appointed by him in that behalf (which appointment the Minister is authorized to make) shall consider the matter and- (i) may confirm the order; (ii) may direct that the Authority withdraw the order; (iii) may alter, amend or vary the order in such manner as is considered appropriate; (iv) may suspend the operation of the order for such period as is considered appropriate. (c) Notice of the decision of the Minister or the person or persons so appointed shall be given forthwith to the person who referred the matter. (d) Upon a reference under this subsection- (i) where the order is confirmed, the owner or occupier concerned shall comply in all respects with the order; (ii) where a direction is given that the Authority withdraw the order, the Authority shall forthwith withdraw the order;

Soil Conservation Act Amendment Act 1980, No. 5 51 (iii) where the order is altered, amended or varied, the owner or occupier and the Authority shall comply in all respects with the order as so altered, amended or varied; (iv) where the operation of an order is suspended, the order shall cease to be of any force or effect during the period of suspension. (e) The decision of -the Minister or person or persons appointed by him upon a reference under this subsection is final and without appeal. (f) The Minister or the person or persons appointed by the Minister, upon a reference under this subsection, may summon witnesses, administer oaths and take such evidence as is considered necessary or desirable for the hearing and determination of the reference."; (c) in subsection (5), (i) omitting the word " correction " and substituting the word " conservation ",; (ii) omitting the words " such notice" where twice occurring and substituting in each case the words " such order ". 21. Amendment of s. 72. Section 72 of the Principal Act is amended by- (a) in subsection (2), omitting the word " notice " and substituting the word " order " ; (b) in subsection (3), omitting the word " notice " where twice occurring and substituting in each case the word " order ". by- 22. Amendment of s. 74. Section 74 of the Principal Act is amended (a) in the note appearing in and at the beginning of the section, omitting the words " and approval "; (b) omitting subsection (2) and substituting the following subsection:- " (2) (a) The Authority shall in the preparation of a project plan classify all works for the implementation of that plan into- (i) community works; (ii) owner works. Community works are those works that in, the opinion of the Authority are for the general benefit of the locality or the particular benefit of a group of owners of land in that locality. Owner works are those works other than community works. (b) For each project plan the Authority shall cause to be prepared- (i) with respect to the project plan, specifications that will include the subdivision of the works among the persons and statutory authorities to be involved in undertaking and maintaining the plan;

52 Soil Conservation Act Amendment Act 1980, No. 5 (ii) with respect to capital costs, a preliminary estimate showing separately the estimated costs of the community works and of the owner works both in the aggregate and in respect of each parcel of land. (c) During the preparation of a project plan the Authority shall where possible consult with all owners of land, statutory authorities and other persons or bodies who or that in the opinion of the Authority will be or are likely to be affected by the implementation of the project plan."; (c) in subsection (3), (i) omitting the words "a period of three months from" and substituting the words " the period determined by the Authority being not less than 30 days after "; (ii) in subparagraph (a) of the second paragraph, (A) omitting the word " district " and substituting the word " locality "; (B) omitting the words " as aforesaid " and substituting the words " for the period determined in accordance with this subsection "; (iii) omitting subparagraph (c) of the second paragraph and substituting the following subparagraph:- (c) forward a copy of the project plan to every statutory authority and Government Department that in the opinion of the Authority will be affected by the project plan.". 23. Amendment of s. 75. Section 75 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:- " (3) (a) The Authority shall acknowledge in writing receipt of every objection lodged in accordance with this section. (b) Upon receipt of all objections so lodged, the Authority shall consider each objection and shall make a determination thereon. (c) The Authority shall notify in writing each objector of the determination so made. (4) (a) A person aggrieved by a determination with respect to an objection made by the Authority pursuant to subsection (3) 'may, within 30 days after the receipt by him of notice of the determination of the objection, refer the matter to the Minister and at the same time give to the Authority notice of that reference. (b) The Minister, upon the receipt by him of such reference, may appoint three persons, of whom two shall be members of an advisory group committee, to hear and determine the reference. (c) The persons so appointed shall hear and determine the reference accordingly and shall notify in writing the Minister of their determination thereon. The Minister shall thereupon give notice to the objector of that determination. (d) A determination made by the persons appointed pursuant to this section shall be final and without appeal.

Soil Conservation Act Amendment Act 1980, No. 5 53 (e) The persons appointed pursuant to this section may summon witnesses, administer oaths and hear such evidence as they consider necessary or desirable for or with respect to the hearing and determination of the reference.". 24. Amendment of s. 76. Section 76 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) When the Authority has considered all objections duly made with respect to a project plan it shall, upon the expiration of the time limited for lodgment of references to the Minister and where the Authority intends to proceed with the plan, submit to the Governor in Council- (a) the project plan; (b) its report on each objection; (c) a memorandum setting forth particulars of notifications of all references received by it."; (b) in subsection (2), inserting after the word "Authority " the words " and following the determination of all references made to the Minister pursuant to section 75 (4) ". 25. New s. 76A. The Principal Act is amended by inserting after section 76 the following section:- "76A. Implementation of project plan. (1) Where a project plan is approved by the Governor in Council, the implementation of that plan shall be the responsibility of the Authority and the Authority may for that purpose enter into an agreement in accordance with section 58 (as applied by section 77) with a Local Authority or other statutory authority or statutory authorities for undertaking and maintaining community works. (2) Upon the making of an agreement pursuant to subsection (1) with a Local Authority, community works may be undertaken as a function of local government. (3) Upon the making of an agreement with a statutory authority other than a Local Authority, community works may be undertaken in accordance with the functions conferred upon that statutory authority by the statute under which it is constituted.". 26. Amendment of s. 97. Section 97 of the Principal Act is amended by- (a) in subparagraph (b), inserting after the word " Authority " the words " or a member thereof "; (b) in subparagraph (g), omitting the word " a " and substituting the words " an Advisory "; (c) in subparagraph (h), (i) omitting the words " soil correction ";

54 Soil Conservation Act Amendment Act 1980, No, 5 (ii) omitting the words " a soil conservation " and substituting the word " an " . 27. Amendment of s. 98. Section 98 of the Principal Act is amended by- (a) in subsection ( 1), omitting the words " one hundred pounds " and substituting the expression " $200 "; (b) in subsection ( 2), omitting the words " ten pounds " and substituting the expression " $20 ". 28. Amendment of s. 99. Section 99 of the Principal Act is amended by, in subsection (2), in subparagraph (j), omitting the words " fifty pounds " and substituting the expression " $100 ".