Soil Conservation Act of 1951 (15 Geo Vi No. 24) (Qld)

526 SOIL CONSERVATION. SoilConservationAct. 15 G eo . VI. No. 24, 15 G eo . VI. No. 24. T he S oil C onservation A ct op 1951. SOIL CONSERVATION. An Act Relating to the Conservation of Soil Eesources and the Mitigation of the Erosion of Soil; and for purposes incidental thereto or consequent thereon. [A ssented to 3 rd O ctober , 1951.] E it enacted by the King’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— [P art I.— P reliminary . P art I.—P reliminary . Short title. 1. (1.) This Act may be cited as “ The Soil Conservation Act of 1951.” Commence­ *(2.) Except as herein otherwise provided, this Act ment of Act. shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Parts of Act. 2. This Act is divided into Parts, as follows :— P art I.— P reliminary ; P art II.— A dministration ; P art III.— A dministrative F unctions , P owers , and D uties ; P art IV.— A reas of S oil E rosion H azard ; P art V.—S oil C onservation P rojects ; P art VI.— G eneral . Meaning of 3. In this Act, unless the context otherwise indicates terms. or requires, the following terms shall have the meanings respectively assigned to them, that is to say:— Advisory Committee. “ Advisory Committee ”—The Advisory and Co-ordinating Committee on Soil Conservation established pursuant to this Act; Area of soil erosion hazard. “ Area of soil erosion hazard ”—An area or tract of land declared an area of soil erosion hazard under and for the purposes of this Act; ♦Commenced on 1st November, 1951. See Proclamation published Gazette 3rd November, 1951, p. 1067.

1951. SOIL CONSERVATION. SoilConservationAct. 527 P au ’ p T — P reliminary . “Chief Soil Conservationist’’—The Chief Soil Chief soil Conservationist of the Department of tionist™ Agriculture and Stock of the Government of Queensland: The term includes any person who for the time being occupies or discharges the duties of that office ; “ Co-ordinator-General ” — The Co-ordinator- Co­ General of Public Works within the meaning of* “ The State Development and Public Works Organisation. Acts, 1938 to 1951 ”; . “ Local Authority ”—Any Local Authority or Local Joint Local Authority under and subject Authority- to t “ The Local Government Acts, 1936 to 1951 ” ; “Minister”—The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the time being charged with the administration of this Act; “ Occupier’’—The person (including a public Occupier, authority) in actual occupation of any land or if there is no person in actual occupation the person entitled to possession of the land; “ Owner ”—The perspn other than His Majesty Owner, who for the time being is entitled to receive the rent of any land either on his own account or on account of some other person or who would be entitled to receive the rent if the land were let at rent: the term also includes the holder of any lease or license or permission from the Crown, or any person deriving title thereunder. “ Person ”—Includes a body corporate ; Person. “ Prescribed ”—Prescribed by this Act; Prescribed. “ Public Authority ”—Includes any Department Public and sub-Department of the Government of Authonty- Queensland, any Crown corporation or instrumentality or corporation or instrumentality representing the Crown, and any Local Authority; “ Regulations ”—Regulations made under this Regulations. Act; * 2 G. 6 No. 3 and amending Acts. + 1 G. 6 No. 1 and amending Acts.

528 P ast I.— P reliminary . SOIL CONSERVATION. SoilConservationAct. 15 G eo . VI. No. 24, Soil conservation reserve. “ Soil conservation reserve ”—Any land for the time being declared under this Act to be or added to a soil conservation reserve ; Soil erosion. “ Soil erosion ”—The natural or accelerated removal or deposition of soil which may he detrimental with respect to agricultural, pastoral, or forestry activities, or engineering or other works; This Act. “ This Act ”—This Act and all Proclamations, Orders in Council, notifications, and regulations made or purporting to be made thereunder: Under secretary. “ Under Secretary ”—The Under Secretary of the Department of Agriculture and Stock of the Government of Queensland: The term includes any person who for the time being occupies or discharges the duties of that office; Watercourse. “ Watercourse ”—A river, stream, or creek (at every place where such river, stream, or creek is not subject to tidal influence) in which water flows in a natural channel either permanently, intermittently, or occasionally; Watershed. “Watershed”—Any area from which the water is drained in a common direction by reason of the natural conformation of the country or otherwise : The term includes any portion of any such area ; References Any reference in this Act to any other Act shall be tAoctost.her taken to include a reference to any later Act amending or in substitution for that other Act. P art II.— A dminis ­ tration . P art II.—A dministration . Administra- 4 . This Act shall be administered by the Minister tlon' and, subject to the Minister, by the Under Secretary, and the Advisory Committee. Advisory 5. (1.) For the purposes of this Act there shall be committee, established an Advisory and Co-ordinating Committee on Soil Conservation (hereinafter referred to as “ the Advisory Committee ”). (2.) The Advisory Committee shall consist of— (a) The Under Secretary who shall be ex officio a member and the chairman thereof;

1951. SOIL CONSERVATION. SoilConservationAct. 529 P art II.— A dminis ­ tration . (b) The Chief Soil Conservationist who shall be ex officio a member and the deputy chairman thereof; and (c) Such other members as consist of one member nominated by each and every one of the following Departments of the Government of Queensland— (i.) The Department of Irrigation and Water Supply; (ii.) The Department of Main Roads ; (iii.) The Department of Local Government; and (iv.) Such other Departments as the Governor in Council may from time to time determine. (3.) The members specified in paragraph (c) of subsection two of this section shall be appointed by the Governor in Council by notification published in the Gazette. In the event of a vacancy in the office of any such member (howsoever occurring) or during any absence of any such member, another person, nominated by the Department concerned, may be appointed by the Governor in Council to fill the vacancy or to act as member during the absence, as the case requires. Each and every member appointed by the Governor in Council, including any person appointed to fill a vacancy in the office, of, or to act as, a member, shall hold his office at the pleasure of the Governor in Council. (4.) If an officer of the Public Service is appointed a member or to act as a member of the Advisory Committee, that officer may hold office as such member in conjunction with any office for the time being held by him under * “ The Public Service Acts, 1922 to 1950.” (5.) Members of the Advisory Committee may be paid such salaries and allowances or salaries or allowances as are fixed by the Governor in Council. 6. (1.) Meetings of the Advisory Committee shall Meetings of be called, and the Advisory Committee shall meet Advisory at such times and places and shall conduct its businessCommittee- in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time determine: * ]3 G. 5 No. 31 and amending Acts.

530 P art II.— A dminis ­ tration . SOIL CONSERVATION. SoilConservationAct. 15 G eo . VI. No. 24, Provided that the Under Secretary shall fix the time and place for the holding of and call the first meeting of the Advisory Committee. (2.) At a meeting of the Advisory Committee three members, one of whom shall be the chairman or the deputy chairman, shall form a quorum. Officers. 7. The Governor in Council may, under * “ The Public Service Acts, 1922 to 1950,” appoint for the purposes of this Act such and so many officers as he deems necessary for the effectual execution of this Act. P art III.— A dminis ­ trative F unctions , P owers , and D uties . P art III. —A dministrative F unctions , and D uties . P owers , Functions 8. The functions and duties of the Advisory aonf dthdeuties Committee shall be— Advisory Committee. (a) To consider the general aspects of soil erosion, soil conservation, and soil erosion mitigation as they affect the State ; ( b) To co-ordinate the activities of the various public authorities for the purposes of the conservation of soil or the mitigation of soil erosion ; (c) To recommend any action which in the opinion of the Advisory Committee should be taken under this Act to prevent the erosion of soil, or to restore land which has been affected by erosion of soil; . ( d) To assist the Minister in such matters as he may refer to the Advisory Committee for advice or information ; and (e) Otherwise as prescribed. Functions 9. The general functions and duties of the aonf dthdeuties Department of Agriculture and Stock with respect to Department matters pertaining to soil conservation shall be— of Agriculture (a) The carrying out of investigations to ascertain and Stock with respect to matters the nature and extent of soil erosion throughout the State; pertaining to soil conser­ vation. (b) The investigation and design of preventive and remedial measures in respect of soil erosion, and the planning of the utilisation of lands accordingly; * 13 G. 5 No. 31 and amending Acts.

SOIL CONSERVATION. 531 1951. P art III.— Soil Conservation Act. A dminis ­ trative F unctions , P owers , (c) The carrying out of experiments in soil and D uties . conservation and soil erosion mitigation, and the establishment of soil conservation demonstration areas; (d) The recording and publishing of the results of such investigations, designs, experiments, and demonstration areas; (e) The dissemination of information with regard to soil erosion, soil conservation, and soil erosion mitigation; (/) Instruction of and assistance to landholders and others in matters pertaining to soil conservation and soil erosion mitigation ; and (g) Such other matters as may be authorised by the Governor in Council by Order in Council published in the Gazette. 10. The Minister may— Powers of the Minister. (а) By agreement with the appropriate public authorities, bodies, occupiers, or owners, conduct or cause to be conducted experiments and demonstrations pertaining to soil conservation and soil erosion mitigation on any lands; and (б) Employ such and so many workmen and other persons as may be required from time to time for the conduct of such experiments and demonstrations. 11, (1.) For any purpose of this Act, includingPowers of any purpose of or connected with the exercise oru^df&c°n performance of any power, authority, function, or duty conferred or imposed by or in pursuance of this Act, any member or members of the Advisory Committee or any person thereunto authorised in writing by the Under Secretary may— (a) Enter and re-enter at any time upon any land, with such assistants as are required, to make any survey, investigation, or inspection thereupon or thereof; (b) Place, make, affix, or set up thereon survey pegs, marks, or poles and from time to time alter, remove, inspect, reinstate, and repair the same or any of them ;

532 P art HI.— A dminis ­ trative F unctions , P owers , and D uties . SOIL CONSERVATION. SoilConservationAct. 15 G eo . VI. No. 24, (c) Dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon ; and (d) Do all things necessary for the purposes aforesaid. (2.) A person who— (a) Without due authority destroys, mutilates, defaces, takes away, or alters the position of any survey peg, mark, or pole placed, made, affixed, or set up or any lines of any works set out by any person under the authority of this section ; or (b) Assaults, obstructs, threatens, or intimidates any person acting under the authority of this section, or attempts so to do, shall be guilty of an offence against this Act. Soil con­ servation reserves. 12. (1.) The Governor in Council may, from time to time, by Order in Council published in the Gazette — (a) Declare any land resumed or acquired under and for the purposes of this Act, or any Crown Land, or any land which is for the time being reserved or set apart under any Act or law for a public purpose or any purpose whereunder or whereby such land may, in the opinion of the Governor in Council, consistent with the intent of such reservation or setting apart be lawfully used as or for the purposes of a soil conservation reserve, to be a soil conservation reserve; ( b ) Declare that any land, being land such as is described in paragraph (a) of this subsection, is added to any soil conservation reserve; (c) Declare that any land is excluded from a soil conservation reserve; (d) Revoke any Order in Council in force under this section. (2.) Every soil conservation reserve shall be under the control and management of the Minister, and the Minister shall manage and control every such reserve in such manner as he thinks will best conserve the soil of such reserve and prevent injury to any other land.

SOIL CONSERVATION. 533 P art III — 1951. SoilConservationAct. A dminis ­ trative F unctions , P owers , (3.) Any person who without the consent of the and D uties . Minister— (a) Removes from any soil conservation reserve the whole or any part of any tree, shrub, grass, or other plant whatever ; or ( b ) Injures or destroys any tree, shrub, grass, or other plant on any soil conservation reserve ; or (c) Places any stock or causes or permits any stock to be placed on any soil conservation reserve, or permits any stock to trespass upon any soil conservation reserve, shall be guilty of an offence against this Act. P art IV.— A reas of S oil E rosion H azard . P art IV.— A reas of S oil E rosion H azard . 13. (I.) At least three-fifths of the occupiers of declaration^ land in any watershed may present a petition to the of area of Minister praying that that area shall be declared an hazard si°n area of soil erosion hazard. j' (2.) The area shall be defined in the petition and may consist of one or more separate tracts of land. 14. (I.) If the Minister is satisfied that any petition declaration presented to him under section thirteen of this Act in soiferosion respect of an area is duly signed by three-fifths or morehazard- of the occupiers of land within the area, or, where he is at any time of the opinion that any tract of land is subject to erosion or is liable or likely to become liable to erosion and that such tract should be declared an area of soil erosion hazard (whether such tract of land or any portion thereof is the subject of a petition under section thirteen of this Act or not) he may, by notification published in the Gazette and in a newspaper circulating in the locality in which the area or tract of land is situated, give notice of the proposal to have the area or tract of land declared an area of soil erosion hazard : Provided that no Crown land within the meaning of * “ The Land Acts, 1910 to 1951,” and no national park, state forest, or timber reserve within the meaning of Y'The State Forests and National Parks Acts, 1906 to 1948, * 1 G. 5 No. 15 and amending Acts, t 6 E. 7 No. 20 and amending Acts.

534 P art TV.— of R soii erosion H azard . SOIL CONSERVATION. , SoilConservationAct. 15 G eo . VI. No. 24, ___________________________________________________________________________________________ shall be included in a proposed area of soil erosion hazard except with the concurrence of the Secretary for Public Lands. (2.) Every notification under subsection one of this section shall— (a) Define by reference to a map or plan the area or tract of land to which the proposal relates ; ( b ) Appoint a date, not being earlier than thirty days after the publication of the notice in the Gazette, on or before which objections may be lodged against the proposal; and (c) Contain such other particulars as may be prescribed or in so far as not prescribed, as considered by the Minister to be necessary. (3.) A copy of or a reference to the map or plan and a copy of the notification shall be served upon every occupier of land which is wholly or partly within the boundaries of the area or tract of land to which the proposal relates, and, where considered necessary by the Minister and ascertained, upon every owner of such land who is not the occupier thereof and upon every mortgagee of any such land subject to a mortgage. (4.) (a) Any owner, occupier, or mortgagee of land which is wholly or partly within the boundaries of the area or tract of land to which the proposal relates may, not later than the date appointed therefor, lodge an objection in writing to the proposal. - (b) Every such objection shall state the ground upon which the same is based and shall be lodged in the manner prescribed. (5.) (a) The Minister shall give consideration to all objections against the proposal which are lodged within the time appointed therefor, and may, in order to meet such objections, make such alterations of the proposal as he may think fit. (6) The Minister shall notify his decision in respect of each such objection to the owner, occupier, or mortgagee who lodged the same, and such notification shall be accompanied by a copy of the provisions of subsections six and seven of this section.

SOIL CONSERVATION. 535 ------------------------------------------------------------------------------------------------------------------------- P aet rv.— 1951. SoilConservationAct. , ■ ojsmi E rosion ; hazard . (6.) Any owner, occupier, or mortgagee who is dissatisfied with the decision in respect of the objection lodged by him may within thirty days after such decision has been notified to him apply in writing for a review by the Minister of the decision in question. Such application shall state the grounds upon which it is based. (7.) Upon application as aforesaid the Minister shall review his decision in question and for the purposes of so doing he may refer to any person or committee of two or more persons named by him the matter of the application. That person or committee shall make inquiry and investigation into the matter and shall report the result thereof to the Minister and make to him such recommendations as he or they thinks or think proper in the circumstances. (8.) Upon a review as aforesaid the Minister may revoke, confirm, or alter as he deems fit the decision in question and may make such alterations of the proposal as he deems necessary to give effect to any reviewed decision upon an objection. (9.) The decision of the Minister or (in any case where a review as aforesaid is applied for) his decision as reviewed by him, upon an objection to a proposal shall be final and conclusive of the matter. (10.) (d) If no objection against the proposal is lodged within the time appointed therefor the Minister may, upon the expiration of that time, submit the proposal to the Governor in Council. (6) If any objection against the proposal is lodged within the time appointed therefor the Minister may, when all such objections and applications, if any, for the review thereof have been disposed of, submit the proposal to the Governor in Council with such alterations (if any) as may be necessary to give effect to his decisions. I (c) The Governor in Council may, by Order in Council published in the Gazette, declare the a(rea or tract of land defined in the proposal or, as the case may be, altered proposal submitted to him an area of soil erosion hazard for the purposes of this Act.

586 P art IV.— ^son. E rosion H azard . ' SOIL CONSERVATION. , ■-----------------------------------------------------------------------------:------------------------------------------------------------ SoilConservationAct. 15 G eo . VI. No. 24y (II.) Any tract of land referred to in this section and any area of soil erosion hazard may consist of one or more separate tracts of land. Power to 15. (1.) Whenever the Minister is of the opinion conservation that the erosion of soil on any land or part thereof orders. within an area of soil erosion hazard is being, or may be, aggravated by or as a result of— (a) Any agricultural or pastoral practices or methods which have been or are likely to be adopted; or ( b ) Any failure on the part of any person to take reasonable precautions to prevent that erosion; or (c) Any act or omission hindering or preventing the effective implementation of soil erosion control measures on lands within the area of soil erosion hazard, he may from time to time issue an order (referred to in this Act as a soil conservation order) which may order the person or persons bound by the order to do all or any of the following things :— (i.) To adopt or to refrain from adopting or continuing to adopt any agricultural or pastoral methods or practices specified in the order; (ii.) To take such action as is specified in the order for preventing the erosion, drift, or movement of soil, sand, or water on or from any land specified in the order ; (iii.) To take or to refrain from taking such action as is specified in the order so as to assist on the effective implementation of soil erosion control measures on lands within the area of soil erosion hazard; (iv.) If two or more persons are bound by the order, to apportion between them the cost of complying with the order or of any looses arising from such compliance, or to respectively contribute that cost or those losses in the proportions specified; (v.) Any other matter incidental to the foregoing.

SOIL CONSERVATION. 537 .... : P art IV.— 1951. SoilConservationAct. opsoil E rosion ■ H azard . ( 2 .) Any person who feels aggrieved by a soil Review of conservation order may, within thirty days (or such Order, longer time as may be prescribed) after the issue of that order, apply in writing for a review by the Minister of that order. Such application shall state the grounds upon which it is based. Upon application as aforesaid the Minister shall review the order in question and for the purposes of so doing he may refer to any person or committee of two or more persons named by him the matter of the application. That person or committee shall make inquiry and investigation into the matter and shall report the result thereof to the Minister and make to him such recommendations as he or they thinks or think proper in the circumstances. Upon a review as aforesaid the Minister may revoke, confirm, or alter as he deems fit the order in question. Any soil conservation order varied upon review as aforesaid shall be deemed to be issued as so varied. (3.) A soil conservation order shall remain in force of and binding on any person bound thereby until— servatkm (а) The soil conservation order as regards that order‘ person is revoked by the Minister on review ; or (б) The Minister issues an order discharging that person from compliance therewith. An order discharging any person from complying with a soil conservation order may be issued under this subsection if the Minister is satisfied that the person concerned has fully complied with the soil conservation order, or that it is no longer necessary to bind that person by the soil conservation order, or that any other just cause exists for the issuing of the order. (4.) If any person bound by a soil conservation Powers upon order contravenes or fails to comply with the soilj^jJ^*0 conservation order in any respect, any person authorised with soil in writing by the Minister may do all such things and°°^'vatlon take all such measures as may be necessary for the enforcement of that order or which the person so bound is required by that order to do or take and may for that purpose, with such assistants as may be necessary, enter, remain upon, and pass and repass over, any land.

538 SOIL CONSERVATION. P abt IV.— A reas of S oil E rosion H aeard . SoilConservationAct. 15 G eo . VI. No. 24, This subsection shall not prejudice any other provision of this Act whereby a penalty may be recovered against any person for any such contravention or failure as aforesaid, and any such penalty may be recovered whether or not the Minister has exercised his powers under this section. (5.) All expenses incurred by a person in respect of things done and measures taken by that person in pursuance of subsection four of this section shall be a debt due to the Crown by the person or persons contravening or failing to comply with the order and shall be recoverable by action in any court of competent jurisdiction: Provided that, if any person who has contravened or failed to comply with any soil conservation order is convicted of any offence against this Act, the adjudicating court may, in addition to or in lieu of imposing a penalty for that offence, order him to pay any expenses as aforesaid payable by him and not already adjudged or ordered to be paid by him (evidence in respect of which being hereby authorised to be given) when, in such event, any sum so ordered to be paid shall be recoverable in the same manner as a penalty adjudged to be paid by that court is recoverable : Provided further that an unsatisfied judgment or order against any one person for the recovery of any such expenses shall not be a bar to the recovery thereof from another person liable to pay the same. (6.) Any person bound by a soil conservation order shall not, in any respect, contravene or fail to comply PART Y.— S oil C on ­ servation P rojects . with that order. P art V.— S oil C onservation P rojects . Meaning of project. 16. (1.) In this Part of this Act the term “ project ” includes all such works, undertakings, acts, and things as are designed or carried out or maintained or prohibited in pursuance of this Part of this Act for the purpose of soil conservation or soil erosion mitigation or prevention or for any other purpose of this Act. Power to (2.) The Minister may from time to time cause a schemes for scheme for a project to be prepared— projects (a) in respect of any area of soil erosion hazard ; (b) In respect of any soil conservation reserve ;

SOIL CONSERVATION. 539 1951. SoilConservationAct. (c) In respect of any area of land approved by him ; or (d) Under section forty-seven of * “ The Local Government Acts, 1936 to 1951,” for any Local Authority. PART V,— S oil C on ­ servation P rojects . (3.) A scheme for a project prepared under subsection two of this section shall— (a) Indicate the area or lands proposed to be dealt with thereunder; and (b) Indicate generally the works, undertakings, acts, and things to be carried out, or prohibited thereunder. (4.) (a) The Commissioner of Irrigation and Water Supply shall prepare so much of a scheme for a project as relates to watercourses within the area of that project. (b) Subject to paragraph (a) of this subsection the Minister may arrange with the Minister administering any other Department, Sub-department, or Crown corporation or instrumentality or corporation or instrumentality representing the Crown for the preparation by that Department, Sub-department, corporation or instrumentality of any scheme or portion of a scheme for a project and any scheme or portion of a scheme in respect of which arrangements are so made shall be prepared in accordance with those arrangements. (c) The Advisory Committee shall make all such investigations and inquiries and shall furnish all such reports as are required by the Minister in relation to a scheme for a project. (5.) Before submitting a scheme for a project to the Minister for Local Government for his approval, the Minister shall inform any and every Local Authority involved by that scheme thereof. Any such Local Authority may within thirty days (or such longer time as may be permitted by the Minister in its case) after being informed as aforesaid, apply to the Minister for a review by him of the scheme in question to the extent to which that Local Authority is thereby involved. Upon application as aforesaid the Minister shall review the scheme in question and for the purposes of so doing he may refer to any person or committee of two or more persons named by him the matter of the application. * 1 G. 6 No. 1 and amending Acts.

540 P art V — S oil C on ­ servation P rojects . SOIL CONSERVATION. SoilConservationAct. 15 G eo . VI. No. 24, That person or committee shall make inquiry and investigation into the matter and shall report the result thereof to the Minister and make to him such recommendations as he or they thinks or think proper in the circumstances. Upon a review as aforesaid the Minister may revoke, confirm, or alter as he deems fit the scheme in question. Any scheme for a project varied upon review as aforesaid shall be deemed to have been prepared as so varied. pRscrehofejeemrcretisnsgtfooorf schem1e7.fo( 1r.) aEpvreorjyecstchpermepeafroerd afoprroajecLtoc(oaltheArutthhaonritay Local under section forty-seven of * “ The Local Government Authorities. Acts, 1936 to 1951 ”), upon its preparation to the satisfaction of the Minister and upon approval by the Minister for Local Government, shall be referred to the Local Authority, or if more than one local Authority is thereby involved, to each and every Local Authority or the Joint Local Authority in whose area lands will benefit by the completion of the project. PJcoooinwnsettirLtutootceala Auth(o2r. ) ityWaheJroeinatpLroojceaclt AinuvtohlovreistymmoraeythbaencoonnestiLtuotceadl Acfoaurrrtthyhoienrgity fsoercttihoen ctwarerynitnygoofu“t T of he th L e o p c r a o l je G c o t v a e n rn d m t e h n e t p A r c o t v s, is1io9n36s o to f poruotjeocfta. L19o5c1a,l”Asuhtahlol riatpyp. ly to and with respect to that Joint Local (3.) A Local Authority shall within its Area carry Atoucthaorrryitioeust out the scheme for a project or such portion of the projects. scheme as may be carried out therein and shall maintain the project or such portion when carried out. Financing (4.) Subject to this section, any money necessary othuet coafrrying for the compliance by any Local Authority with projects. subsection three of this section shall be raised in the same manner as the raising of money necessary for carrying out a proposed scheme of drainage by that Local Authority under section forty-seven of * “ The Local Government Acts, 1936 to 1951,” and the provisions of that section, with all necessary adaptations, shall apply and extend accordingly and as if the watershed referred to therein referred to the area of that Local Authority. * 1 G. 6 No. 1 and amending Acts.

SOIL CONSERVATION. 1951. SoilConservationAct. (5.) Where the Governor in Council is of the opinion that any project will benefit any Department or Sub-department of the Government of Queensland or any Crown corporation or instrumentality or corporation or instrumentality representing the Crown, he may by Order in Council published in the Gazette declare accordingly, and shall specify in that declaration the amount or amounts to be contributed or respectively contributed by the Departments, Sub-departments, corporations, and instrumentalities so declared, towards the cost of carrying out the project. 541 P art V.— S oil C on ­ servation P rojects . Any such declaration may contain such other matters incidental to the contributing of the amounts specified, as the Governor in Council deems fit to specify. (6.) It shall be the duty of every Department, Sub-Department, corporation, and instrumentality so declared to use all diligence and despatch to give effect to the declaration. (7.) The Valuer-General shall, if required, value the benefit to any such Department, Sub-department, corporation, or instrumentality, of any project. P art VI. —G eneral . P art VI — G eneral . 18. (1.) All lands other than Crown lands and all Resumption easements which are required for or in connection with acquisition a soil conservation reserve or any other purpose of this of land- Act may, with the prior approval of the Governor in Council, be resumed and acquired by the Co-ordinator- General from the owners thereof or the persons having any interest therein under the provisions of * “ The State Development and Public Works Organisation Acts, 1938 to 1951,” to the same extent as if the purpose under this Act for or in connection with which the lands or easements in question are required were works authorised by the Governor in Council under *“ The State Development and Public Works Organisation Acts, 1938 to 1951,” to be carried out by the Co-ordinator-General, and the provisions of those Acts shall extend and apply accordingly except that any lands or easements taken (including any lands or easements taken by agreement) shall vest in the Crown. * 2 G. 6 No. 3 and amending Acts.

542 P art VI.— G eneral . SOIL CONSERVATION. SoilConservationAct. 15 G eo . VI. No. 24, (2.) All the purchase money and compensation payable in respect of lands or easements so acquired, together with all expenses incurred by the Co-ordinator- General in effecting the resumption or acquisition thereof, shall be paid to the Co-ordinator-General out of moneys appropriated by Parliament for that purpose : Provided that the Governor in Council may determine that the whole or any part of the purchase money, compensation, and expenses as aforesaid shall, in the case of land or easement so acquired for or in connection with the carrying out of a scheme for a project under and within the meaning of Part V. of this Act or any portion of such a scheme, be deemed to be a cost of carrying out that scheme or portion and thereupon the Local Authority liable for the payment of such a cost shall pay the same to the Treasurer. (3.) Notwithstanding anything contained or implied in this Act, or * “ The Public Works Land Resumption Acts, 1906 to 1951,” or in any other Act or law, or rule or process of law, in all cases in which a deed of grant whenever issued or a lease or other instrument of the tenure of any land granted in fee-simple or otherwise demised by the Crown contains a reservation or reservations with respect to the land described or included in such deed of grant or lease or other instrument or of any part or parts of that land (and whether of a specified area or of a specified part or parts thereof) for making public ways, or canals, or railroads in or over or through the same or for any public purpose whatsoever, a right to take or resume for any and every purpose of this Act the said land or any part or parts thereof the subject of a reservation or reservations as aforesaid (and a further reservation accordingly) shall be deemed to be contained in the deed of grant, or lease, or other instrument of the tenure thereof demised by the Crown. Protection 19. No act, matter, or thing done by the Minister, oUSfencMdreeirntaisrtye,r, oCrombmyittethee orUanndyer mSeemcbreetrartyh,ereoorf, boyr btyheanAydvoifsfiocreyr a&ncd. officers, oapf pthoeintDedepfaorrtmtheentpuorfpAosgersicoufltuthries aAncdt,Sotrocbky, aonryboyffaicneyr employee or person acting under the direction or authority of the Minister or the Under Secretary, or by any person bound by any soil conservation order in complying with * 6 E. 7 No. 14 and amending Acts.

1951. SOIL CONSERVATION. SoilConservationAct. 543 P art VI.— G eneral . that order, and no decision, determination, recommendation, or report of the Advisory Committee or of any officer of the Department of Agriculture and Stock shall, if the act, matter, or thing was done, or the decision, determination, recommendation, or report was made bond fide for the purpose of carrying out or giving effect to this Act, subject them or any of them personally to any action, liability, claim, or demand whatsoever. 20. (1.) Where the Minister is satisfied that Alteration ^ compliance with any covenant, condition, or provision &c0°ofnants, of any lease granted under * “ The Land Acts, 1910 to certain 1951,” would tend to cause soil erosion on any land, he leases‘ may so advise the Secretary for Public Lands. (2.) Where the Secretary for Public Lands has been so advised the Governor in Council may, upon his recommendation and notwithstanding anything to the contrary contained in * “ The Land Acts, 1910 to 1951,” vary, modify, revoke, or add to the covenants, conditions, or provisions of the lease according as the circumstances require. 21. (L) A notice or order shall be duly served Service of for the purposes of this Act if it has been— orders. (a) Served personally on the person on whom it is to be served; or (b) Left at the usual or last known place of abode or business of that person ; or (c) Sent by registered post to that person addressed to him at his usual or last known place of abode or business. (2.) If- (а) Any person required to be served with a notice or order is absent from the State or cannot be found or ascertained after diligent enquiry; or (б) In the case of a body corporate the place of business of that body corporate cannot be found after diligent enquiry, the notice or order shall be deemed to. be duly Served if it is affixed on some conspicuous point of the land to which it relates. 1 G. 5 No. 15 and amending Acts.

544 P art VI.— G eneral . SOIL CONSERVATION. SoilConservationAct. 15 G eo . VI. No. 24, Offences. 22. (1.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence and liable, if no specific penalty is prescribed for that offence, to a penalty of not more than one hundred pounds. (2.) Any person who continues the commission of an offence against this Act after he has been convicted therefor shall be deemed to commit a continuing offence and shall be liable to a penalty of not more than ten pounds for each and every day during which that offence is continued. (3.) Any offence against this Act may be prosecuted in a summary way under * “ The Justices Acts, 1886 to 1949.” Saving of 23. The provisions of this Act shall be in addition eonthaecrtments. to and not in substitution for or diminution of any provision of any other Act. Regulations. 24. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act or for carrying out the objects and purposes of this Act. (2.) Without limiting the generality of the provisions of subsection one of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things, that is to say (a) Providing for, regulating, and controlling the licensing of persons supplying for remunera­ tion specified technical services to landowners or others in respect of soil conservation or soil erosion prevention or mitigation ; prescribing the person or authority by whom or which such licenses may be issued, renewed, and cancelled or suspended; prescribing the qualifications entitling persons to apply for and hold such licenses, prescribing the fees for such licenses and renewals thereof, and prohibiting any person from supplying for remuneration any of the specified technical services in respect of which a license as aforesaid is required; * 50 V. No. 17 and amending Acts.

1951. SOIL CONSERVATION. SoilConservationAct. 545 PART VI.— G eneral . (6) Prescribing fees for prescribed special services ; (c) Prescribing the qualifications, powers and duties of officers appointed under or for the purposes of this Act; (d) Prescribing any matters (in addition to those contained in this Act) necessary or convenient to be prescribed for the prevention or mitigation of soil erosion ; (e) Prescribing all matters and things with respect to the protection, preservation, regulation, and control of soil conservation reserves ; (/) Prescribing all matters and things with respect to projects within the meaning of Part V. of this Act, including the carrying out and the maintenance, protection, preservation, regulation, and control of such projects and enabling Local Authorities concerned to make by-laws under * “ The Local Government Acts, 1936 to 1951 ” in relation to all Or any matters and things which may pe so prescribed. | (g) Prescribing any matter or thing required or permitted by this Act to be prescribed in so far as it is not required by this Act to be prescribed otherwise than by regulation ; (h) Prescribing penalties, but not exceeding in any case fifty pounds, for any contravention of or failure to comply with a regulation. (3.) Regulations may be made on the passing of this Act. (4.) Every regulation made under this Act shall be published in the Gazette, and thereupon shall be judicially noticed. Such publication shall be conclusive evidence of the matters contained in the regulation. (5.) All such regulations shall be laid before Parliament within fourteen sitting days after such publication if Parliament is then sitting for the despatch * 1 G. 6 No. 1 and amending Acts. S

546 P art VI.— G eneral . SOIL CONSEBVATION. SoilConservationAct . 15 G eo . VI. No. 24,1951. of business, or, if not, then within fourteen sitting days after the date when Parliament next sits for the despatch of business. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of Parliament after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this subsection, the term “ sitting days ” shall mean days on which Parliament actually sits for the despatch of business. SOLDIERS. See G ift D uty . STALLIONS REGISTRATION. See S tock . STATE ELECTRICITY COMMISSION. See E lectricity .