Soil Conservation Act of 1965 (Qld)

72 Tueenslanti ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 4 of 1965 An Act to Consolidate and Amend the Law Relating to the Conservation of Soil Resources and the Mitigation of the Erosion of Soil [ASSENTED TO 8TH APRIL, 1965] 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:- PART I-PRELIMINARY 1. (1 ! Short title . This Act may be cited as " The Soil Conservation Act of 1965." (2) Commencement of Act. Except as is otherwise provided in this Act. this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Repeal of Act . " The Soil Conservation An, of 1951 " is repealed.

Soii Conservwnon Ac! of 1965. No. 4 3. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-ADMINISTRATION; PART 111-THE SOIL CONSERVATION AUTHORITY; PART IV-THE ADVISORY AND CO-ORDINATING COMMITTFE ON SOIL CONSERVATION; PART V-SOIL CONSERVATION DISTRICTS AND SOIL CONSERVATION TRUSTS; PART VI-AREAS OF SOIL EROSION HAZARD; PART VII-SOIL CONSERVATION PROJECTS; PART VIII-FINANCIAL ASSISTANCE TO OWNERS OF LAND; PART IX-GENERAL PROVISIONS. 4. S. 47 ( 24) of 1 Geo . VI No. 1. (1) The Governor in Council shal I not apply subsection (24) of section forty-seven of " The Local Government Acts, 1936 to 1965," to the Area or any part or parts of the Area of any Local Authority at any time when such Area or part or parts is or are included in an area of soil erosion hazard, a soil conservation district or a project area. (2) Where, prior to the declaration or constitution of an area of soil erosion hazard, a soil conservation district, or a project area, the Governor in Council has applied the said subsection (24) to any Area or any part of an Area included in the area or district so declared or constituted, the Governor in Council by Order in Council may declare that the said subsection (24) shall cease to apply in such Area or part of an Area on and after the date specified in the Order in Council, and the said subsection (24) shall cease to apply in the Area or part of an Area in question accordingly. 5. Interpretation . In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Advisory Committee "-The Advisory and Co-ordinating Committee on Soil Conservation constituted pursuant to this Act; " Approved scheme "-A scheme approved by the Governor in Council pursuant to this Act: the term includes such a scheme amended pursuant to this Act; "Area"-Iii relation to a Local Authority, its Area under and within the meaning of " The Local Government Acts, 1936 to 1965." Where part only of the Area of a Local Authority comprises or is comprised in a district, the term "Area" where used with reference to such Local Authority and to such district means the part of the Area of such Local Authority which comprises or is comprised in such district, "Area of soil erosion hazard "-An area of land declared an area of soil erosion hazard under and for the purposes of this Act; "Authority "-The Soil Conservation Authority constituted by this Act;

74 Soil Conservation Act of 1965. No. 4 " Co-ordinator-General "-The Co-ordinator-General of Public Works within the meaning of " The State Development and Public Works Organisation Acts, 1938 to 1964 "; " Director "-The Director of the Division of Development Planning and Soil Conservation of the Department of Primary Industries: the term includes any person who for the time being is performing the duties of that office; " Director-General "-The Director-General of Primary Industries of Queensland: the term includes any person who for the time being is performing the duties of that office; " District "-A Soil Conservation District constituted under and for the purposes of this Act; " Local Authority "-A Local Authority or Joint Local Authority within the meaning of " The Local Government Acts, 1936 to 1965 "; " Minister "-The Minister for Primary Industries or other Minister of the Crown for the time being charged with the administration of this Act: the term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act; " Occupier "-The person (including a public 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 person other than Her Majesty 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 if the same were let to a tenant at a rack-rent would be entitled to receive the rent thereof: the term also includes the holder of any lease or license or permission from the Crown, or any person deriving title thereunder; " Part "-Part of this Act including where necessary, all Orders in Council and regulations, if any, made under this Act for the purposes of the Part in question: " Project "-Includes an approved scheme and an approved project plan and all works, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation, the prevention or mitigation of soil erosion or of controlling or directing run-off water flow or for any other purpose within the purview of this Act ; " Project area "-An area constituted or deemed to be a project area under and for the purposes of this Act; " Property "-Includes real and personal property of whatever kind and wherever situated; River Improvement Trust "-A Trust constituted under the provisions of " The River Improvement Trust Acts, 1940 to 1959," in respect of a River Improvement Area, " Soil conservation "-The conservation of soil and the prevention or mitigation of soil erosion: Soil conservation scheme " or " Scheme "-A scheme for the purposes of soil conservation;

Soil Conseriutuon 9c., of 1965, .Au. 4 " Soil erosion "-The natural or accelerated removal or depositor of soil which may be detrimental to agricultural, pastoral.. or forestry activities, or engineering or other works; " Statutory Authority "-A Local Authority, The Commissioner for Railways. The Commissioner of Main Roads. The Commissioner of Irrigation and Water Supply, a River Improvement Trust, and any Crown corporation or instrumentality, or corporation or instrumentality representing the Crown; " Trust "-A Soil Conservation Trust constituted by and under this Act; " 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; " Works "-Every part of any works and things designed or undertaken or proposed to be undertaken in the course of or for the purpose of a project. PART 11-ADMINISTRATION 6. Administration of this Act. This Act shall be administered by the Minister and, subject to him, by the Authority and the Advisory Committee. 7. Appointment of officers . The Governor in Council may appoint such officers as he considers necessary to carry this Act into effect. Such officers shall be appointed and hold office under, subject to and in accordance with " The Public Service Acts, 1922 to 1965." 8. Powers and duties incidental to administration of Act. (1) For any purpose of or connected with the exercise or performance of a power, authority, function or duty conferred or imposed by or pursuant to this Act any member of the Advisory Committee or any person authorized in that behalf in writing by the Authority may- (a) enter and re-enter at any time upon land with such assistants, vehicles, tools and implements as are necessary for the purpose; (b) make any survey, investigation or inspection of any land; (c) place, make, affix or set-up on any land survey pegs, marks or poles and from time to time alter, remove, inspect, reinstate, or repair the same or any of them; (d) dig or bore into any land for the purpose of works thereon or to ascertain the nature of the soil therein ; (e) do all other acts as are reasonably necessary for any purpose referred to in this subsection. (2) A person who- (a) destroys , mutilates , defaces , removes, or alters the position of any survey peg, mark , or pole placed , made , affixed or set-up for the purposes of this Act; or (b) interferes with any works undertaken for the purposes of this Act; or

76 Soil Conservation Act of 1965. No. 4 (c) assaults, threatens, intimidates or wilfully obstructs or attempts so to do any person authorized by or pursuant to this section in the exercise or performance of his powers, authorities, functions or duties under this Act or any person assisting such authorized person, commits an offence against this Act. PART ItI-THE SOIL CONSERVATION AUTHORITY 9. Constitution of the Authority . (1) The Director-General is hereby constituted a corporation sole under the name and style of " The Soil Conservation Authority " and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it, and, subject to this Act, shall have power to take, acquire by grant, purchase, take on lease, hold, sell, exchange, lease , assign, transfer, and surrender to the Crown, property. 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. (2) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document or notice, and until the contrary is proved shall presume that such seal was duly affixed to any document or notice concerned. 10. Functions and duties of the Authority with respect to soil conservation . (1) The functions and duties of the Authority with respect to matters pertaining to soil conservation shall be- (a) the carrying out of investigations to ascertain the nature and extent of soil erosion throughout the State; (b) the investigation and design of preventive and remedial measures in respect of soil erosion, and the planning of the utilisation of lands to give effect to those measures; (c) the carrying out of experiments in soil conservation and prevention and mitigation of soil erosion, 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 the prevention and mitigation of soil erosion: (f) instruction of and assistance to landholders and others in matters pertaining to soil conservation and the prevention and mitigation of soil erosion; (g) the prevention or mitigation of soil erosion in all areas of the State and in particular in areas of erosion hazard: and (h) such other functions and duties as are from time to time by the Governor in Council by Order in Council published in the Gazette.

Soil Conserratio !i Act of 1965, Vo. 4 ( 2) For the purpose of discharging these functions and duties the Soil Conservation Authority may authorize the expenditure of money" appropriated by Parliament for those purposes. 11. Powers of the Authority . The Authority may- (a) by agreement with the appropriate public authorities, occupiers, or owners, conduct or cause to be conducted experiments and demonstrations pertaining to soil conservation and the prevention and mitigation of soil erosion on any lands; (b) 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; (c) subject to the appropriation by Parliament of money for the purpose, authorize the expenditure of money for the purpose of performing its functions and duties prescribed in section ten of this Act; and (d) do all such things as it is by this Act authorized to do. PART IV-THE ADVISORY AND CO-ORDINATING COMMITTEE ON SOIL CONSERVATION 12. The Advisory Committee . (I) There shall be constituted for the purposes of this Act an Advisory and Co-ordinating Committee on Soil Conservation. (2) The Advisory Committee shall consist of- (a) the Director - General who shall be an ex officio member and the chairman ; (b) the Director who shall be an ex officio member and the deputy chairman ; (c) such other members as the Governor in Council from time to time specifies by Order in Council published in the Gazette. Until the Governor in Council otherwise specifies such other members shall be- (i) one representative of the Department of Irrigation and Water Supply; (ii) one representative of the Department of Main Roads. (iii) one representative of the Department of Local Government: (iv) one representative of the Railway Department; (v) one representative of the Department of Lands; ( vi) one representative of the Department of Forestry. (3) The Governor in Council by notification published in the Gazette shall appoint the members of the Advisory Committee specified by or, from time to time , pursuant to paragraph ( c) of the last preceding subsection. Upon such publication of the notification of the first appointment of such members the Advisory Committee shall be duly constituted.

78 Soil Conservation Act of 1965, No. 4 (4) In the event of a vacancy in the office of a member appointed by the Governor in Council or during the absence of such a member another representative of the Department of which such member was or is a representative may be appointed by the Governor in Council in like manner to fill such vacancy or to act as a member of the Advisory Committee during the absence of such member, as the case requires. (5) A member of the Advisory Committee appointed by the Governor in Council shall hold his office at the pleasure of the Governor in Council. (6) A member of the Advisory Committee shall be paid such salary, allowance or expenses as the Governor in Council from time to time determines. Where by or under any Act it is provided that the holder of any office shall devote the whole of his time to the duties of such office or shall be prohibited from engaging in employment other than such office such provision shall be construed so as not to disqualify such holder from holding that office and also the office of a member of the Advisory Committee or from receiving and retaining any salary, allowance or expenses payable to him as a member of such committee. 13. Meetings and conduct of meetings of Advisory Committee. (1) Meetings of the Advisory Committee shall be called in such manner and at such times and places and shall be conducted in such manner as may be prescribed or, in so far as not prescribed, as the Advisory Committee determines : Provided that the chairman of the Advisory Committee shall call its first meeting in such manner and at such time and place as he determines. (2) A quorum of the Advisory Committee shall be four members of whom one shall be the chairman or the deputy chairman. Business shall not be conducted at a meeting of the Advisory Committee at which a quorum is not present. 14. Functions and duties of Advisory Committee . The functions and duties of the Advisory Committee shall be- (a) to consider all aspects of soil erosion, soil conservation and the prevention and mitigation of soil erosion as they affect the State : (b) to co-ordinate the activities of the Authority and of the Departments of the Government of Queensland in relation to soil conservation and the prevention and mitigation of soil erosion; (c) to recommend action which in its opinion should be taken to prevent or mitigate soil erosion or to restore land which has been affected by erosion of soil: (d) to advise the Minister on such matters within the purview of this Act as he refers to it; (e) to recommend to the Authority upon the declaration of areas of soil erosion hazard; (f) such other functions and duties as are prescribed.

.SuC L c oser^ aTt l' .4 c .' r7i^ 196 PART V-SOfL CONSERVATION DISTRICTS AND SOIL CONSERVATION TRLSTS 15. Constitution of Districts. i ! ! Upon application 07 recommendation in that behalf made in accordance with this Part an' upon the recommendation of the Minister, the Governor in Council may, by Order in Council published in the Gazette, constitute any portion of the State to be a Soil Conservation District for the purposes of this Act and may. in like manner and subject to like restriction,- (a) include in a district any portion of the State which is not included in a district; (b) abolish any district or districts; (c) join any district or districts or join parts of any district or districts with another district or districts; (d) alter the boundaries of districts by including in one district a part or parts of another district or a part or parts of other districts and by excluding such part or parts from such other district or districts: (e) divide a district into two or more districts; (f) assign a name to any soil conservation district or alter the name of any soil conservation district. A district may comprise the whole or any division or part of the Area of a Local Authority or may comprise the whole or any divisions or parts of the Areas of two or more Local Authorities. (2) When a boundary of a district is altered and the boundary of any other district is thereby affected the Governor in Council may, 'if it becomes necessary so to do, by Order in Council published in the Gazette, declare and apportion the assets and liabilities of the respective Trusts concerned between them as to him appears just. (3) When two or more existing districts are amalgamated the Governor in Council may, by Order in Council published in the Gazette. declare the assets and liabilities of the respective Trusts concerned to be vested in the Trust of the amalgamated district and thereupon such assets and liabilities shall vest accordingly. 16. Applications and recommendations for constitution of districts. (1) A Local Authority may apply to the Minister that its Area or any part or parts of its Area be constituted a district. (2) Two or more Local Authorities may jointly apply to the Minister that their respective Areas or any part or parts of their respective Area be constituted a district. (3) A majority of the owners of land situated within any Area of a Local Authority or Areas of Local Authorities or any part or parts thereof may apply to the Minister that such Area, Areas, part or parts be constituted a district. (4) The Authority may recommend to the Minister that any Area of a Local Authority or Areas of Local Authorities or any part or parts thereof which comprises or comprise or substantially comprises or comprise an area or areas of erosion hazard or a project area or project areas be constituted a district. (5) Powers of Minister with respect to certain applications. (a) If the Minister is of opinion that a proposed district would be unable to bear the cost of administering the Trust constituted therefor he may remit the application in question to the applicant or applicants with a view to its beine amended in such manner and to such extent as to make the constitution of the district thereby applied for acceptable to the Minister.

80 Soil Conservation Act of 1965. No. 4 (b) The Minister may in respect of any application cause a poll of the owners of land which would be included within a proposed district to be taken on the issue of the constitution of such district. (6) Minister ' s discretion restricted . The Minister shall not recommend to the Governor in Council that a district be constituted- (a) except upon an application or recommendation duly made under this Part; (b) if he is of opinion that the proposed district would be unable to bear the cost of administering the Trust constituted therefor; or (c) if, upon the taking of a poll pursuant to the last preceding subsection, one-third or more of the votes cast thereat is against the constitution of such district. 17. Alterations of boundaries of district . (1) Any of the bodies or persons particularized in section sixteen of this Act may apply or, as the case requires, recommend to the Minister that- (a) the Area of a Local Authority or Areas of Local Authorities or the part or parts thereof, the subject of the application, (not being a part of a district) be included in a district already constituted; (b) the land, the subject of the application, be excluded from a district and either- (i) be constituted a district; or (ii) be included in a district already constituted. (2) The Minister may in respect of any application cause a poll to be taken of the owners of land which ( in the case of an application referred to in paragraph (a) of the last preceding subsection ) is proposed to be included in a district or which (in the case of an application referred to in paragraph (b) of the last preceding subsection ) is proposed to be excluded from a district on the issue of such inclusion or, as the case may be. exclusion. (3) The Minister shall not recommend to the Governor in Council that the boundaries of a district be altered- (a) except upon an application or recommendation duly made under this Part; (b) if, upon the taking of a poll pursuant to the last preceding subsection. the majority of votes cast thereat is against the proposed alteration; (c) if he is of opinion that any district would be adversely affected by the proposed alteration. (4) Upon application in writing made by an owner of land upon grounds which shall be set out in the application) which the Minister deems reasonable and sufficient, the Minister may exclude such land from a district and shall issue to the owner thereof a certificate accordingly. The Minister maN at any time revoke such certificate and thereupon the land shall again be included in the district concerned. 18. Soil Conservation Trusts . (1) For each district there shall be a Trust to be called " The (name of district) Soil Conservation Trust ". B\ that name a Trust shall be a body corporate with perpetual succession and a common seal and shall be capable in 1aw of suing and being sued. of compounding or proving in an,, court of competent

Soil Conservation Act of 1965, .\o. 4 jurisdiction all debts or sums of money due to it and, subject to this Ac'. shall have power to take, acquire by grant, purchase, take on lease. hoi,_'. sell, exchange, lease, assign, transfer and surrender to the Crown, prot>ert.,. (2) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of a Trust affixed to any document or notice and, until the contrary is proved, shall presume that such seal was dui} affixed to any document or notice concerned. 19. Modes of constituting Trust . (I) A Trust may be constituted by- (a) a Local Authority, (b) a chairman appointed on the nomination of the Minister and four other members representative of the owners of lands within the district: or (c) five members (including the chairman) representative of the owners of lands within the district. (2) The Governor in Council shall determine the one of the modes prescribed by subsection (1) of this section by which a Trust is to be constituted in the first instance. The Governor in Council may by a subsequent determination determine that a Trust shall be constituted by a mode different from that by which the Trust was constituted theretofore. A Trust shall be constituted by the mode determined by the Governor in Council until a further determination provides for its constitution by another mode. Every determination under this subsection shall be made by Order in Council. (3) An alteration made pursuant to subsection (2) of this section in the mode of constitution of a Trust shall not affect the continuity of its identity or any rights or obligations of the Trust, or render defective any legal proceedings by or against the Trust. (4) A Trust- (a) to be constituted by a Local Authority (whether in the first instance or at any later time) shall he so constituted on the publication in the Gazette of the Order in Council determining that it is to be so constituted or, if a later date is specified in the Order in Council, on such later date, (h) in any other case, the Trust shall be constituted on the date of the first appointment of the members thereof. (5) Before determining the mode by which a Trust is to be constituted, the Governor in Council, either in the first instance or subsequently, may cause a poll to be taken for the purpose of ascertaining the opinion of the owners of land within the district used wholly or predominantly for pastoral purposes upon the question as to such mode. 20. Trust constituted otherwise than by a Local Authority . (1) This section applies to a Trust constituted otherwise than by a Local Authority. (2) Subject to nomination or election as prescribed the members of a Trust shall be appointed by the Governor in Council by notification published in the Gazette.

82 Soil Conservation Act of 1965, No. 4 (3) If the Trust is to be constituted by the mode set out in paragraph (b) of subsection (1) of section nineteen of this Act, the person nominated by the Minister shall be appointed to be the chairman of the Trust. Such nominee shall hold the office of chairman of the Trust at the pleasure of the Governor in Council. (4) If the Trust is constituted in the mode set out in paragraph (c) of subsection (1) of section nineteen of this Act, the Trust shall as soon as may be after any and every periodical appointment of the whole number of its members, and may if any casual vacancy occurs in the office appoint one of its members to be its chairman. Failing the appointment by a Trust of its chairman when thereunto required by the Minister, the Minister may appoint its chairman. (5) The representative members of a Trust shall be elected as prescribed for appointment to the Trust. Unless the mode by which the Trust is constituted is sooner altered. the whole number of such members shall be appointed once in every three years. (6) Subject to subsection (5) of this section, a representative member of a Trust shall hold his office as such until- (a) he dies; or (b) he resigns such office by writing under his hand given to the Authority; or (c) he becomes disqualified from continuing as such member pursuant to the next succeeding subsection; or (d) he is absent from three successive ordinary meetings of the Trust of which he is a member and of which meetings he was given reasonable notice without obtaining leave of the Trust prior to his being so absent. (7) A person who- (a) is an undischarged bankrupt or has entered into a subsisting composition. assignment or scheme of arrangement with or for the benefit of his creditors ; (b) has been convicted of an indictable offence; (c) is a patient within the meaning of " The Menta/ Health Acts, 1962 to 1964," shall be disqualified from being or continuing as a member of a Trust. (8) (a) A resignation by a member of a Trust from his office as such shall be effective when it is received by the Authority. (b) The attendance of a member of a Trust at the time and place appointed for an ordinary meeting of such Trust shall be taken to be attendance at an ordinary meeting notwithstanding that by reason of a quorum not being present a meeting is not actually held at such time and place. The person keeping minutes of the meetings of the Trust shall enter in the minute book the names of all members so attending. 21. Casual vacancies on Trost . When a vacancy occurs in the office of a representative member of a Trust the Governor in Council may appoint by notification published in the Gazette a person to hold such office for the balance of his predecessor's term of office.

Soil Conservation Act of 1965, No. 4 83 In the case of a vacancy occurring more than one year before the expiration by effiuxion of time of the predecessor's term of office the appointee shall be elected as prescribed. When a predecessor in office was also chairman his successor in office shall not, by virtue of his appointment under this section, be chairman. 22. Polls . Every poll referred to in subsection (5) of section nineteen of this Act and every poll for the election of representative members of a Trust constituted in the mode set out in paragraph (b) or paragraph (c) of subsection (1) of section nineteen of this Act or for the election of a representative for appointment to a casual vacancy in the office of any such member shall be taken on a day appointed by the Governor in Council (who is hereby thereunto authorised) by Order in Council. 23. Meetings of a Trust . (1) (a) A Trust shall at its first meeting, and thereafter from time to time following a vacancy in the office, appoint one of its members to be deputy chairman. (b) The chairman or in his absence the deputy chairman when present shall preside at meetings of a Trust : Provided that in the absence of both the chairman and the deputy chairman from any meeting , another member, chosen for the purpose by the majority of the members present and voting shall preside. (c) The person presiding at any meeting of a Trust shall, subject to this Act, have a vote and when there is equal division of votes upon any question shall have a second or casting vote. (2) A Trust shall meet as often as is necessary to discharge its powers, authorities , functions and duties under this Act, and at such time and places as it thinks fit, and shall conduct its business in such manner as may be prescribed, or insofar as is not prescribed, as it may from time to time determine. A Trust shall hold its first meeting after its constitution at a time and place appointed by the Authority. (3) A majority of the number of members of a Trust for the time being shall form a quorum at any meeting of a trust, and any duly convened meeting at which a quorum is present shall be competent to transact any business of that Trust and shall have and may exercise all of the powers, authorities and functions, and may perform all of the duties of that Trust. If any member present at a meeting and qualified to vote in the business of that meeting fails to vote he shall be deemed to have voted in the negative. (4) An act or proceeding of a Trust shall not be unlawful or invalid by reason only of the fact that at the time of such act or proceeding there was a vacancy or vacancies in the membership of such Trust or that the appointment of any member of such Trust was defective or that any member of such Trust was disqualified from being or continuing as a member of such Trust. 24. When members disqualified from voting . (1) If a member of a Trust has any pecuniary interest. direct or indirect, in any contract or proposed contract or other matter. and is present at a meeting of that

84 Soil Conservation Act of 1965, No. 4 Trust at which the contract or proposed contract or other matter is a subject for consideration, he shall at the meeting. as soon as practicable after the commencement thereof, disclose the fact of his interest, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter. (2) Subject to the provisions of this subsection , for the purposes of this section, a person shall be deemed to have a pecuniary interest in a contract or proposed contract or other matter if- (a) he or any nominee of his is a member of a company or other body (whether corporate or unincorporate ) with which the contract is made or is proposed to be made , or which has a direct pecuniary interest in the other matter under consideration; or (b) he is a partner or is in the employment of a person with whom the contract is made or is proposed to be made , or who has a direct pecuniary interest in the other matter under caonsideration : Provided that- (a) this subsection shall not apply in respect of membership of or employment with any public body; and (b) a member of a company shall not by reason only of such membership be deemed to have a pecuniary interest within the purview of this section if he has no beneficial Merest in any shares or stock of that company. (3) For the purposes of this section, a pecuniary interest within the purview of this section of a spouse of a member of a Trust shall- (a) if such spouse resides with such member; and (b) if such interest is known to such member , be deetsed a pecuniary interest of such member. (4) A notice in writing given to the secretary of a Trust by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company, or that he or his spouse is a partner or in the employment of a specified person , shall unless and until the notice is withdrawn, be deemed to be a sufficient compliance with the provisions of subsection (1) of this section in respect of any contract. proposed contract, or other matter to be made concerning that company or that person which may be the subject of consideration by the Trust after the date of the notice. (5) The secretary of a Trust shall record in a book to be kept for the purpose particulars of every disclosure made under subsection (1) of this section. and of every notice given under subsection (4) of this section, and the book shall be open at all reasonable hours to the inspection of any member of the Trust. (6) A person who fails to comply with the provisions of subsection (1) of this section commits an offence. A person shall not be convicted of such an offence if it is shown that he did not know and had no reasonable means of knowing that a contract, proposed contract or other matter in which he had a pecuniary interest was a subject for consideration at the meeting in question of the Trust concerned.

Soil Conservation Act of 1965, No. 4 85 (7) A Trust may by resolution exclude from a meeting any member who has a pecuniary interest in a contract, proposed contract or other matter under consideration at that meeting while such consideration continues. (8) This section does not apply in respect of an interest in a contract or proposed contract or other matter which a member of a Trust has as a resident of the district concerned or as a participant in a project, or in respect of an interest in any matter relating to the terms on which the right to participate in any service is offered to the public. (9) When the Minister is satisfied that the number of members of a Trust which is disqualified pursuant to subsection (1) of this section is such that the transaction of the business of such Trust is likely to be impeded he may, in writing, exempt such member or members so disqualified from the provisions of that subsection either generally or for a period specified in such writing and subject to such conditions as the Minister therein specifies. For so long as such exemption continues in force and the conditions thereof (if any) are complied with, the provisions of that subsection shall not apply to such member or members so exempted. 25. Adjournment of meeting . (1) The members present at a meeting of a Trust may, from time to time, adjourn the meeting. (2) If a quorum is not present within half an hour after the time appointed for a meeting, the member or members present, or the majority of them if more than two members are present, or the secretary, if no member is present or if the members present are equally divided on the issue , may adjourn such meeting to any time not later than fourteen days from the date of such adjournment: Provided that the provisions of this subsection shall be construed so as not to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. (3) All notices of any meeting or adjourned meeting of a Trust (other than a meeting adjourned to a later hour of the same day on which such meeting was held or was appointed to be held, or to a day not later than seven days after the day on which such meeting was held or was appointed to be held) shall be in writing, and shall be delivered or sent by post or otherwise to the usual place of business, if any, within the district or to the place of abode of each of the members so as to reach each member seven days at least previous to the date appointed for the meeting. Every such notice shall specify the time of meeting and the business to be transacted thereat. 26. Restriction on certain business . (1) No business shall be transacted at any special meeting except such as is stated in the notice thereof. (2) A resolution of a Trust shall not be revoked or altered unless notice of the intention to propose such revocation or alteration is given to each of the members at least seven days before holding the meeting at which the revocation or alteration is to be proposed. If the number of members present at that meeting is not greater than the number present when the resolution was adopted, the resolution shall not be revoked or altered.

86 Soil Conservation Act of 1965, No. 4 27. Minutes and records . (1) A Trust shall cause minutes of all proceedings of the Trust with the names of the members present at each meeting, and the names of all members voting upon any question for the decision of which a division is called, to be duly recorded from time to time in minute-books to be provided for the purpose, which shall be kept by the secretary. The minutes of each meeting shall be signed after confirmation by the Trust by the person presiding at the meeting next succeeding the meeting at which such proceedings have taken place. (2) The secretary of a Trust shall be responsible for the safe custody of the minute-books, all books of account, agreements, receipts, vouchers, and other books, documents, papers, correspondence , and writings belonging to or relating to the business of that Trust. He shall make a record of the same in obedience to any direction of the Auditor-General and shall not destroy or mutilate any of them without the sanction in writing of the Auditor-General previously obtained. The Secretary shall be responsible for the safe custody of the seal of the Trust. (3) All such books, documents , papers, correspondence , and writings, which are not by this Act declared to be open to inspection shall nevertheless be open to inspection by any member. Any person having the custody of any such book, document , paper , correspondence, or writing who fails to permit such inspection shall be guilty of an offence and liable to a penalty not exceeding five pounds. (4) Whenever any return, book of account , agreement , receipt, voucher, or other paper or writing belonging to or relating to the business of a Trust is destroyed or lost, the Auditor-General may direct all such acts and things to be done as he thinks best for repairing the loss , and may declare any copy of any such return, agreement , receipt , voucher , or other paper or writing to be valid and effectual for all purposes , and may, if necessary, define the time during which such copy shall remain in force. (5) Correspondence with a Trust shall be addressed to the secretary. (6) A Trust may decide whether or not correspondence shall be read by its secretary. 28. Appointment and reaooeration of eaa } ioyees . (1) A Trust may, from time to time, appoint a secretary and, subject to the approval of the Authority, such employees as are necessary to carry this Act into effect. A person appointed by a Trust to any position other than that of secretary to the Trust shall not while occupying such position be or continue secretary to the Trust. (2) If a Trust appoints a company, partnership or association to be secretary to the Trust such company. partnership or association shall forthwith upon such appointment nominate a natural person to perform the duties and functions of secretary to the Trust and, for the purposes of this Act, such nominee shall be deemed to be secretary to the Trust. (3) A Trust may pay to an employee to whom or to whose occupation an industrial award or industrial agreement does not apply such amount as the Trust from time to time determines and is approved by the Authority

Soil Conservation Act of 1965. No. 4 87 if an employee of a Local Authority is employed by a Trust as secretary he may be paid such allowance as the Trust from time to time determines and is approved by the Authority. (4) A Trust may engage or retain such technical advisers as are necessary to assist it in carrying this Act into effect. 29. Borrowing . (1) Subject to this Act a Trust may from time to time , with the prior authority of the Governor in Council, borrow money- (a) from the Treasurer; (b) by the sale of debentures; or (c) partly in one and partly in another of the ways specified in paragraphs (a) and (b) of this subsection. (2) Before entering into negotiations to borrow money, a Trust shall first obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and, for this purpose, shall furnish the Treasurer such information as he requires. (3) A Trust shall not borrow any money pursuant to any negotiations sanctioned by the Treasurer under subsection (2) of this section unless the authority of the Governor in Council thereto is first obtained. In the case of a loan to be raised in whole or in part by the sale of debentures the authority shall be given by Order in Council. The Order in Council shall declare the amount that may be borrowed, the purposes for which the loan shall be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly or half-yearly payments or payments into a sinking fund , and such other conditions as the Governor in Council thinks proper to impose. (4) Before proceeding to borrow any sum under and in pursuance of this section the Trust shall at a special meeting called for the purpose pass a resolution to borrow that money. Notice of such special meeting and a copy of the resolution shall be given to each member of the Trust at least seven days before the date of the meeting. 30. Further loan where amount borrowed inadequate . In the event of any money borrowed pursuant to the provisions of section twenty-nine of this Act proving inadequate for the purposes for which the same was borrowed, the Minister, if satisfied that such inadequacy arose owing to circumstances beyond the control of the Trust, may certify accordingly, whereupon the Trust with the approval of the Treasurer to the borrowing of such further sum and upon its resolution to borrow such further sum shall be at liberty to borrow such further sums as may be necessary without complying with the procedure prescribed by this Act as preliminary to the borrowing of money by a Trust. 31. Application of loan moneys . (1) All moneys borrowed by a Trust shall be expended for the purposes for which such Trust was authorized to borrow the same and, except as prescribed by this section, not otherwise. (2) If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as directed by the Treasurer.

88 Soil Conservation Act of 1965. No. 4 (3) A person advancing money to a Trust and receiving in consideration of an advance any debentures issued under the authority of this Act shall not be bound to inquire whether the issue of such debentures was in fact duly authorized or into the application of the money advanced or be in any way responsible for the non-application or misapplication thereof. 32. Repayment of Treasury Loans . (1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the payment to the Treasurer by the Trust on the first days of January and July, respectively, in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until all moneys advanced from time to time by the Treasurer, together with the interest accrued thereon, have been so paid. The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment. (2) In the months of February and August, respectively, in every year, the Treasurer shall cause to be published in the Gazette a statement showing, with respect to a Trust to which a loan has been advanced by the Treasurer under this Act, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. If thereafter on the thirtieth day of April, or the thirty-first day of October, respectively, any part of such money so overdue and in arrear remains unpaid or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by a Trust under the authority of this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Trust concerned to the amount stated in such notification. The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the affairs of the Trust concerned as the Treasurer thinks proper, and judicial notice shall be taken of such orders and directions. Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Trust concerned, and shall he deemed to that extent and for that purpose to be a " public accountant " within the meaning of " The Audit Acts, 1874 to 1963." 33. Debentures . (I) Subject to this Act, all debentures shall be issued in such series, at such time , and in such a manner as the Trust thinks fit. and shall be a charge upon all the assets and revenues of the Trust howsoever arising , subject to any prior debentures issued according to law. Such debentures shall bear interest at the rate and shall be repayable on the date respectively prescribed in the Order in Council referred to in subsection (3) of section twenty-nine of this Act. (2) Every such debenture shall be under the seal of the Trust and shall be signed by the chairman and secretary, and when so sealed and signed shall be deemed to have been duly issued, and the holder thereof shall not be bound to inquire whether such issue was in fact duly authorized.

Soil Conservation Act of 1965, No. 4 89 (3) The Trust may authorize the sale or disposal of any such debentures in Queensland or in places beyond Queensland. and ma' appoint an agent or agents to negotiate such sale. (4) Every debenture shall specify the place and time where and when the principal and interest are payable. (5) Any debenture may at the option of the lender be issued with or without coupons. If issued with coupons, the debenture shall have annexed thereto for every payment (whether of principal or interest, or principal and interest) to grow due thereon, a coupon. (6) Every debenture and every coupon annexed to any debenture shall be transferable by delivery. (7) In the case of any debenture issued with coupons the holder of any such coupon shall be entitled to receive from the Trust payment of the sum specified in the coupon upon presentation thereof. either annexed to or separated from the debenture, at the place where, and on or after the date when, such sum is payable. (8) In the case of any debenture issued without coupons, the lender or, in the event of the transfer of such debenture at any time or from time to time, the transferee for the time being shall, subject to this subsection, be entitled to receive payments from the Trust in respect of principal or interest, or both, in accordance with the terms and conditions of the debenture. A transferee with respect to whom the Trust has not been given notice as prescribed shall not be entitled to receive, and the Trust shall not be liable to make to such a transferee, any payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Trust to the lender or a prior transferee. The entitlement of a transferee with respect to whom the Trust has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Trust was given such notice, was made by it to the lender or a prior transferee. In this subsection the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Trust. (9) The power under this Act of the Governor in Council to make regulations shall include power to make regulations prescribing standard forms of debentures. A lender may agree to accept a standard form of debenture, but no lender shall be bound to do so. 34. (1) Notice of trusts not to be received . No notice of any trust express, implied or constructive shall be received by any Trust or by any officer or other employee or any agent of that Trust in relation to any debentures issued by that Trust under the authority of this Act and the Trust or any such officer, other employee or agent shall not be bound to see to the execution of any such trust to which any such debentures may be subject.

90 Soil Conservation Act of 1965, No. 4 (2) Loan to be authorized investment . Unless expressly forbidden by the instrument (if any) creating the Trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee pursuant to the provisions of section four of " The Trustees and Executors Act of 1897 " (as amended by subsequent Acts) and such Act shall be read and construed accordingly. 35. Guarantee of loans . (1) Notwithstanding anything to the contrary contained in any Act, the amount of any loan borrowed by any Trust by the sale of debentures under the authority of the Governor in Council with interest at the authorized rate shall be guaranteed by the Treasurer on behalf of the Government of Queensland. (2) All moneys payable by the Treasurer pursuant to this section shall be paid out of moneys to be from time to time appropriated by Parliament for the purpose. (3) The provisions of section five of " The Local Bodies' Loans Guarantee Acts, 1923 to 1957," shall, with any necessary adaptations thereof, extend and apply in respect of moneys paid by the Treasurer pursuant to this section. 36. Brokerage . A Trust may pay moneys by way of brokerage for or in respect of the making, procuring , negotiating , or obtaining the loan of any money which the Governor in Council has by Order in Council authorized that Trust to borrow: Provided that no moneys shall be paid by the Trust by way of brokerage for or in respect of the loan of any moneys borrowed by it unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as to him shall seem fit. Section fourteen of " The Money Lenders Acts, 1916 to 1962," shall riot apply or extend to brokerage to which the Trust is authorized to pay under and in accordance with this subsection, and which brokerage has been approved by the Treasurer and is agreed to be paid by the Trust subject to the terms and conditions, if any, imposed by the Treasurer. 37. Remedies of debenture holders . If a Trust makes default in making a payment whether of principal or interest to the holder of any debenture or coupon issued by the Trust under the authority of this Act such holder may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such court shall have power to make all such orders for the appointment of such a receiver and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court thinks proper. A receiver appointed pursuant to this section shall be deemed to be an officer of such court and shall act under its direction. 38. (1) Remuneration of receiver . A receiver appointed by the Treasurer pursuant to section thirty-two of this Act shall be entitled to such commission or remuneration for his services as the Treasurer orders. A receiver appointed by the Supreme Court pursuant to the last preceding section shall be entitled to such commission or remuneration as the court orders.

Soil Conservation Act of 1965, :No. 4 91 The commission or remuneration of a receiver shall be payable out of the revenue of the borrowing authority in relation to which he was appointed. (2) Powers and duties of receiver . A receiver whether appointed by the Treasurer or the Supreme Court may collect all the revenue payable to the Trust in relation to which he was appointed and, for the purposes of this section, a receiver shall be deemed to be such Trust and may exercise all the powers of such Trust. A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:- (a) Firstly, in payment of the costs, charges and expenses of collection and of his commission or remuneration; (b) Secondly, if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any money paid by the Treasurer under a guarantee given by the Treasurer in relation to moneys borrowed by the Trust under the authority of this Act together with interest on such amount at such rate as is specified by the Treasurer or, if he was appointed by the Supreme Court upon the application of a holder of any debenture or coupon in payment, subject to any order of the court, to such holder or to and amongst the holders of debentures or coupons of the same series as such holder or to the holders of debentures or coupons generally in such order of priority as the court thinks fit the amount due and payable to such holder or, as the case may be, holders; (c) Thirdly, in payment of the residue of such moneys to the Trust. 39. Moneys recoverable as debt . If a Trust makes default in making a payment referred to in section thirty-seven of this Act, the person to whom such payment should have been made may recover the amount in respect of which such default has been made as a debt by action against the Trust in any court of competent jurisdiction. 40. Regulations relating to loans . The power conferred on the Governor in Council by section ninety-nine of this Act to make regulations includes the power to make such regulations relating to the raising and repayment of loans under the authority of this Act and, without limiting the generality of the foregoing power,- (a) prescribing the form of and the manner of the issuing of debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures or coupons and the destruction of discharged debentures or coupons; (b) prescribing matters relating to the raising of loans outside the State; (c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trusters of a debt redemption fund with respect thereto and prescribing the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption fund, trustees, sinking funds or other methods aforesaid.

92 Soil Conservation Act of 1965, No. 4 41. Illegal Borrowing . (1) A person who lends money to a Trust otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Trust in respect of that loan. (2) If a Trust borrows any money which it is not legally authorized to borrow, all the members who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members by action in any court of competent jurisdiction. (3) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of eight pounds per centum per annum , and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Minister or any person thereunto authorized by the Minister who, upon recovery, shall pay the amount recovered into the fund in question , but shall be personally entitled to full costs of suit, including costs as between solicitor and client. (4) The provisions of this section shall be construed so as not to prejudice the operation of the provisions of subsection (3) of section thirty-one of this Act. 42. (1) Fads . Every Trust shall establish and keep at all times established in accordance with this Act the following funds:- (a) a general fund; (b) a loan fund in respect of each loan borrowed; (c) such other funds as may be prescribed. (2) General Fad. (a) The general fund shall consist of the moneys following that is to say :- (i) all moneys provided by means of rates; (ii) all other moneys received not appertaining to any other fund. (b) The general fund shall be applied to- (i) expenditure necessarily incurred in the exercise and performance of the functions of the Trust under this Act or any other Act unless this Act or such other Act contains an express provision charging such expenditure to some other fund; (ii) the payment of the preliminary expenses necessarily incurred in connexion with the establishment of any project or the execution of any work under this Act; (iii) the repayment of. including the payment of interest on, loans borrowed by the Trust. (3) Loan Fads. (a ) Each loan fund shall consist of the moneys received by way of loan in respect of the object for which the loan was raised and any grant or subsidy received from the Treasurer in respect of that object.

Soil Conservation Act of 1965, No. 4 93 (b) A loan fund shall be applied to expenditure necessarily incurred in carrying out the object for which the loan was raised. (c) Any balance remaining in any loan fund at its closure shall be paid into and applied for the purpose of the general fund or shall be dealt with in such manner as is approved in writing by the Treasurer. 43. (1) Budget of Trust . Before the thirty-first day of July in each financial year every Trust shall lodge with the Minister in or to the effect of the prescribed form or, in so far as a form is not prescribed, in accordance with this section, a budget for that financial year in respect of its general fund wherein the Trust shall estimate as accurately as possible- (a) the amount to be disbursed by the Trust during the financial year ending on the thirtieth day of June next following and during the first two months of the next succeeding financial year in the proper exercise by the Trust of its powers and functions under this Act and in carrying this Act into effect; (b) the amount to be received by the Trust during the financial year ending on the thirtieth day of June next following from all sources other than a rate. Every such budget shall be subject to the approval of the Governor in Council and, until so approved, shall have no force or effect. (2) Revision and approval of budget . The Minister or a person appointed by him shall revise every such budget and, where it appears to the Minister that any amount therein has been over-estimated or under-estimated or that any item of disbursement included therein should not be included or that any amount or item that should be included therein has been omitted, the Minister shall amend the budget in such way as he thinks reasonable and shall recommend the budget (as amended, should the case require it) for the approval of the Governor in Council. When the Governor in Council has approved of a budget of a Trust such budget, whether or not it has been amended pursuant to this subsection , shall be binding on the Trust. (3) Emergent expenditure . (a) Subject to the provisions of paragraph (b) of this subsection, a Trust shall confine its disbursements throughout a financial year within the items and the amounts contained in its budget for that financial year as approved by the Governor in Council. (b) If during any financial year it appears to a Trust that an extraordinary circumstance has arisen which requires it to make a disbursement in that financial year which was not provided for in the budget for that financial year or which exceeds the amount estimated in respect of that disbursement in such budget the Trust shall, before making the disbursement or excess disbursement by resolution approve that such disbursement or excess disbursement be made. (c) Before the thirty-first day of July in each year every Trust shall lodge with the Minister a return showing particulars of all disbursements and excess disbursements made by the Trust under paragraph (b) of this subsection during the financial year ending on the thirtieth day of June last preceding and the circumstances in which each such disbursement or excess disbursement was made and shall apply to the Minister for approval in accordanc e with this subsection of the making of each such disbursement or excess disbursement.

94 Soil Conservation Act of 1965, Ao. 4 (d) When an application is made under paragraph (c) of this subsection- (s) the Trust shall supply such information as the Minister requires; (ii) each such disbursement or excess disbursement may be approved by the Minister if the making of the same has not resulted in the Trust's exceeding the total amount of the items of expenditure included in its budget (as approved) for the financial year in question excluding the amount provided for in that budget by way of disbursement for the first two months of the next succeeding financial year but, otherwise, by the Governor in Council. (e) If, in any financial year, a Trust makes a disbursement which was not provided for in the budget of that Trust for that financial year (as approved) or a disbursement which exceeds the amount estimated in respect of that disbursement in such budget (as approved) every member of the Trust who voted for such disbursement or excess disbursement shall be jointly and severally liable to repay to the Trust the amount of such disbursement or the amount by which such disbursement exceeds the aforesaid estimated amount, as the case may be. unless the Minister or the Governor in Council, as the case may require, has approved of the making of such disbursement or excess disbursement. Such amount may be recovered from such members or any of them as moneys due and owing to the Trust by action at the suit of the Minister in any court of competent jurisdiction. In any such action the Minister shall be entitled to full costs of suit including costs as between solicitor and client. (4) Surplus and deficit to be shown . If the general fund of a Trust contains a surplus or shows a deficit at the end of a financial year the Trust shall take such surplus or deficit into account in the preparation of its budget for the next succeeding financial year, a surplus to be shown as a receipt of revenue by the Trust for that succeeding financial year and a deficit to be shown as a disbursement for that succeeding financial year. 44. Form of budget until a form is prescribed . Until a form of budget s prescribed each budget of a Trust shall show- (a) particulars of each item of estimated receipt and estimated disbursement for the financial year in question. (b) the aggregate amounts of estimated receipts and estimated disbursements shown in the budget (if any) for the last preceding financial year: (c) the aggregate amounts actually received and disbursed during the last preceding financial year: (d) such other information as is prescribed. 45. Variation in dates. When the Minister is of opinion that the circumstances of the case warrant it he may. in respect of a particular Trust, appoint a date later than and in lieu of the date prescribed by section forty-three of this Act as the date by which a Trust is to lodge its budget with the Minister and. until such' appointment is revoked or altered by the Minister, that section shall be construed in respect of that Trust as if the date so appointed appeared in the place of the date prescribed therein.

Soil Conservation Act of 1965, :'o. 4 95 46. Accounts of Trust and Audit thereof. (1) A Trust shall provide and keep such books of account and records as are from time to time prescribed or, in so far as not prescribed, as are required by the Auditor- General. (2) A Trust shall cause its books and accounts to be audited once at least in each year by- (a) an officer of the Department of the Auditor-General; or (b) a person appointed by the Minister on the recommendation of the Auditor-General and who is registered as a public accountant under the provisions of " The Public Accountants Registration Acts, 1946 to 1963." The Auditor-General shall in relation to the books and accounts of a Trust and in relation to any audit thereof have all the powers and authorities conferred on him by " The Audit Acts, 1874 to 1963." A Trust shall pay the cost of the audit as prescribed from its general fund. (3) The secretary to a Trust shall be responsible for the safe custody and proper order of all books of account, agreements and records relating to the business of the Trust and shall compile such records and make such entries therein as the Auditor-General directs. A person shall not destroy or mutilate any book of account, agreement or record of a Trust except with the consent of the Auditor- General first had and obtained. (4) Special audit . In any year the Minister may cause the accounts and records of a Trust to be audited whether or not the same have already been audited in that year in accordance with subsection (2) of this section. (5) Inspections of Trusts . The Minister may, by writing under his hand, appoint a person to inspect the accounts and records of a Trust. The secretary to the Trust concerned shall, when required so to do by a person appointed under this subsection, produce to such person the accounts kept by that Trust, balance as far as practicable, to the date specified by such person and such of the records of the Trust as such person requires. 47. (1) Proof of proceedings of Trust. An entry in a book kept by the secretary to a Trust for the purpose of recording the proceedings of such Trust which purports to be an entry relating to a proceeding of such Trust and to be signed by the chairman of such Trust and a certified copy or extract from such an entry which purports to be so certified by the chairman and secretary of such Trust shall be prima facie evidence of the proceeding of the Trust referred to in such entry and the validity of such proceeding. In the case of an appointment of deputy chairman or acting chairman of a Trust such an entry and a certified copy or extract of such an entry shall, as regard a person acting bona fide and doing business with such Trust, be conclusive evidence of such appointment, its validity, and the authority of the appointee to act as such. (2) Proof of documents of Trust. A document purporting to be issued or written by or at the direction of a Trust or the chairman and purporting to be signed by the chairman, secretary, or officer authorized in that behalf shall be taken to have been so issued or written until the contrary is proved. In this subsection, the term " chairman " includes a deputy chairman and an acting chairman.

96 Soil Conservation Act of 1965, No. 4 48. Rates . (1) For providing, in respect of a financial year the amount of the difference between- (a) the estimated disbursements for that financial year and the first two months of the next succeeding financial year; and (b) the estimated receipts for that financial year, as shown in the budget of the Trust as approved by the Governor in Council pursuant to this Act, the Trust shall make and levy a rate upon the rateable value of all land in its district which is rateable under and for the purposes of " The Local Government Acts, 1936 to 1%5." The Governor in Council by Order in Council may from time to time fix in respect of such rate a maximum amount in the pound of rateable value , and such rate shall not in any financial year exceed the maximum so fixed for the time . being. (2) Where part only of any land which is valued as one portion of land is included in a district, the Valuer- General may value the part so included, and such valuation shall be the rateable value of such part for the purposes of this section: Provided that, except for the purposes of this section , a valuation made pursuant to this subsection shall not be or be deemed to be a valuation of the subject land or affect or prejudice in any way the valuation of the whole portion which includes the subject land. (3) The rate required by this Act to be made and levied by a Trust shall and may be made and levied in the manner provided under paragraph ( i) of subsection ( 1) of section twenty-seven of " The Local Government Acts, 1936 to 1 %5," and thereupon the remaining provisions of the said section twenty-seven shall, with and subject to all necessary adaptations apply with respect to the rate as if the Trust were the Local Authority for its district and had duly made and levied the rate as such Local Authority: Provided that any charge had by a Local Authority over land in a district in respect of any unpaid amount of any rates made or levied by it shall have priority over any charge upon the land in question had by the Trust in respect of any unpaid amount of rates made and levied by the Trust. (4) Instead of itself levying any rate made by it, a Trust may make arrangements with a Local Authority to levy, collect and recover on behalf of the Trust such rate upon any lands in its district which are situated in the Area or in any part of the Area of such Local Authority. A Local Authority may pursuant to such arrangements levy, collect and recover the rate as if the rate had been duly made by it under " The Local Government Acts, 1936 to 1965," and section twenty - seven of those Acts shall apply and extend accordingly. 49. Duties of Trusts . ( 1) Subject to this Act each Trust shall- (a) undertake and maintain such works as it is authorized under this Act to undertake; and (b) undertake and maintain all such works or other activities as the Authority, with the consent of the Minister , directs the Trust to undertake or maintain. (2) in this Part the expression " undertake and maintain " includes. to construct , to establish , carry out, manage and control the works in relation to which that expression is used.

Soil Conservation Act of 1965, No. 4 97 50. (I) Powers of Trusts . In addition to and without in any way limiting the powers, duties, authorities, and responsibilities granted to or conferred or imposed on a Trust elsewhere in this Act, a Trust in carrying out its duties imposed under this Act shall have and may exercise the following powers- (a) it may enter into contracts for or with respect to the undertaking and maintenance of any works; (b) upon giving seven days' notice in writing to the occupier of any land, any member, officer, employee, contractor or agent of the Trust authorized by it in that behalf may enter upon that land for the purpose of- (i) examining whether any of the provisions of this Act or any requisition, notice or order issued pursuant to this Act is being complied with or is being contravened; or (ii) making any plan or survey or taking levels; or (iii) making any inspection or examination ; or (iv) otherwise in' or for carrying out any of the powers, duties or authorities conferred or imposed upon the Trust by or pursuant to this or any other Act. The power to enter upon any land includes power to- (v) remain upon that land for such time as is necessary to achieve the purpose of such entry; (vi) take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of such entry. (2) Compensation for loss or damage . Where, consequent upon the exercise of a power conferred by paragraph (b) of subsection (1) of this section, loss or damage results to the owner or occupier of the land in respect whereof such power is exercised, the Trust, in the performance of whose duties such power was exercised, shall pay compensation therefor to the person or persons entitled thereto. When a Trust and all persons concerned in the payment of compensation have not, within three months of the opening of negotiations in respect thereof , agreed as to- (a) the amount of compensation to be paid; or (b) the person or persons to be paid such compensation, the Trust or any such person may refer the matter to the Land Court and its decision thereon shall be final. 51. Contracts by Trusts. Contracts entered into by a Trust may be made as follows :- (a) a contract which if made between natural persons would be required by law to be in writing under seal may be made by the Trust in writing under its common seal; (b) a contract which if made between natural persons would be required by law to be in writing signed by the parties to be charged therewith may be made by the Trust in writing signed by the chairman or by two members acting by the direction and on behalf of the Trust; (c) a contract which if made between natural persons would be valid in law although not reduced into writing may be made without writing by the chairman or by two members acting by the direction and on behalf of the Trust, and any contract so made shall be effectual in law and shall bind the Trust and all other parties thereto and may be varied or discharged in the manner in which it is authorized to be made. 4

98 Soil Conservation Act of 1965, No. 4 52. Pregn®e of works . (1) Before the thirtieth day of June in each year every Trust shall lodge with the Authority a programme of works to be carried out by the Trust during the financial year next succeeding such thirtieth day of June. (2) The Authority may- (a) make such alterations or modifications to a progranane of works as the Authority considers warranted having regard to the need for such works in the district concerned and the finance available to the Trust concerned to finance such works ; (b) recommend to the Minister that a programme of works- (i) be rejected; or (ii) be approved ( with alterations or modifications, if any). (3) Upon recommendation of the Authority pursuant to the last preceding subsection, the Minister may, in his discretion , approve a programme of works (with or without alterations or modifications made by the Authority) or reject a programme of works. If the Minister rejects a programme of works such programme shall be remitted to the Trust concerned for the lodgment of another prraaame of works acceptable to the Minister. (4) (a) Except where the Authority dhvcts to the contrary , a Trust shall not in any financial year commence- (i) any works specified in its programme of works for that financial year until such programme has been approved by the Minister; (ii) any works which are not specified in its p rogramme of works for that financial year- (b) A Trust shall not in any financial year carry out any works except in accordance with an approval of the Minister gisea in relation to such works to its programme of works for that financial year. 53. Advis o ry Group Co inittees . A Trust may appoint such committees (in this Act called " advisory group committees ") as it considers necessary or desirable to assist it in carrying this Act into effect. An advisory group committee shall be appointed in the manner and shall be constituted as prescribed. An advisory group committee may exercise such powers and authorities and shall perform such duties and functions as are conferred or imposed upon it by this Act. 54. Public office of Trust . (1) Every Trust shall from time to time provide and maintain, or contract for the use of, a public office within or at a reasonable distance beyond its district for holding the meetings and transacting the business of the Trust. (2) A Trust may agree with any Local Authority (who is hereby authorized and empowered so to do) whose Area is wholly or partly within the district of the Trust to use the whole or part of the public office of that Local Authority as the public office of the Trust. 55. Preparation of Soil Cowervation Scbene . (1) A Trust may, subject to this Act, prepare a soil conservation scheme (in this Act called " a scheme ") in respect of its district or, where the Authority approves, in respect of any defined part of its district.

Soil Conservation Act of 1965, No. 4 99 In this Act the term " district ", when used in relation to a scheme duly prepared in respect of a defined part of a district, means such defined part. (2) (a) The Trust shall in the preparation of a scheme classify all works necessary for the implementation of the scheme into the following categories- (i) works of general benefit; and (ii) works of private benefit, and shall cause to be prepared a preliminary estimate of the capital cost thereof showing separately the estimated cost of the work of general benefit and the estimated cost of the work of private benefit (showing, in respect of the work of private benefit, the estimated cost of such work on each parcel of land). (b) Works of general benefit are those works which in the opinion of the Trust are for the general benefit of the district. (c) Works of private benefit are those works other than general benefit works. (3) When a scheme has been prepared by a Trust, the scheme and all plans and maps relevant thereto shall be open for inspection at the public office of the Trust for a period of three months from the date of first publication of the advertisement, in this subsection referred to (in this Act called the " inspection period "). Before the commencement of the inspection period the Trust shall- (a) by advertisement published at least once in at least one newspaper circulating in the district , give notice that the scheme is open to inspection as aforesaid and that objections thereto may be lodged in accordance with the provisions of this Act ; (b) serve on or by prepaid post letter forward to every owner of land included in the scheme a copy of the advertisement required to he published by paragraph ( a) of this subsection and an explanation of that part of the scheme which is likely to affect the land of such owner; and (c) forward a copy of the scheme to- (i) the Commissioner of Irrigation and Water Supply; (ii) every River Improvement Trust constituted in respect of a River Improvement Area situated wholly or partly within the district; (iii) the Commissioner for Main Roads; (iv) the Commissioner for Railways; (v) the Land Administration Commission; and (vi) every Local Authority whose Area is situated wholly or partly within the district. 56. Objections to scheme . (1) During the inspection period or within one week after its termination any person who considers himself prejudiced by the scheme may lodge an objection to the scheme or to any part thereof in writing with the secretary of the Trust together with reasons for such objection.

100 Soil Conservation Act of 1 965, No. 4 Where an objector is a statutory authority or a Government Department he shall at the time of lodging his objection lodge with the secretary to the Trust a plan, alternative to the part of the scheme in question, which in the opinion of the objector would remove his objection to the scheme. Such a plan shall be deemed to form part of the objection of the objector. (2) A statutory authority or Government Department may at any time prior to the expiration of the inspection period apply to the Authority for an extension of time in which to draw up such a plan in which case the Authority may either grant or refuse the application and if it grants the same the Authority shall specify the time within which the plan shall be lodged with the Trust. A plan lodged within the time so specified shall be deemed to have been lodged in compliance with subsection (1) of this section. (3) Forthwith upon the receipt by it of all objections lodged in accordance with this section the Trust shall consider ever\ such objection. 57. Revision and approval of scheme . (1) When a Trust has completed its consideration of all objections duly made to a scheme it shall submit to the Authority- (a) the scheme; (b) every objection to the scheme duly made in cordance with section fifty-six of this Act; (c) a report of the Trust on each such objection; (d) all other information required of it by the Authority. (2) The Authority shall submit to the Governor in Council- (a) the scheme; (b) its recommendation as to whether the scheme should be approved or rejected and, if approved, whether in its original form or subject to alterations or modifications specified by the Authority; (c) every objection by a statutory authority relating to the adverse affect of surface water flow on the works of such statutory authority and the report of the Authority on each such objection. (3) The Governor in Council may, in his discretion,- (a) approve the scheme in its original form; (b) approve the scheme subject to such alterations or modifications as the Governor in Council determines; (c) reject the scheme. The decision of the Governor in Council shall be notified by notification published in the Gazette. (4) If the Governor in Council approves of the scheme then upon publication in the Gazette of such approval the scheme as approved) shall be the approved Soil Conservation Scheme for the district concerned and shall be binding in law upon and shall be observed by the Crown, the Trust concerned, statutory authorities and all persons accordingly

Soil Conservation Act of 1965, No. 4 101 58. Agreements by Trust with statutory authorities . (1) Where the successful implementation of a scheme or part thereof depends on the construction, completion of construction, or maintenance of works the responsibility for the construction or maintenance of which is entrusted to a statutory authority the statutory authority concerned and the Trust may enter into an agreement- (a) specifying the time within which the works shall be constructed or completed or maintenance thereof effected and, notwithstanding any other Act, providing for the sharing of the cost of such construction or completion, the determination of the responsibility for the maintenance of the completed works and such other matters and things as are prescribed; or (b) sharing the cost of maintenance of any works. (2) Where a statutory authority fails or refuses within a reasonable time after a request by the Trust to enter into an agreement, the Trust may refer the matter to the Authority for sub iission to the Governor in Council. Upon a submission made by the Authority, the Governor in Council may direct the statutory authority and the Trust to do all such matters and things as are specified in the direction and he shall specify in that direction the apportionment of the costs involved between the Trust and the statutory authority. A direction by the Governor in Council shall be binding upon the parties involved, and shall have the same force and effect as if the parties had entered into an agreement pursuant to subsection (1) of this section. 59. Authority to keep copies of schemes . The Authority shall keep in its office a true copy of every approved scheme and shall make the same available for inspection by any person free of charge. 60. Amendment of approved scheme . (1) A Trust may from time t,, time make application to the Authority for amendment of the approved scheme for its district. The Authority may without any application from a Trust from time to time recommend to the Governor in Council that an approved scheme for a district be amended. Such an application or recommendation shall be made in accordance with this section. (2) Before making such an application or recommendation, a Trust or, as the case may be, the Authority shall cause to be published at least once in at least one newspaper circulating in the district a notice that the Trust or, as the case may be, Authority proposes to amend the approved scheme and that particulars of the proposed amendment will be available for inspection at the office of the Trust or, as the case may be, Authority for a period specified in such notice (which period is in this section called the " period of inspection ") and that objections to the proposed amendment may be lodged with the secretary of the Trust or, as the case may be, the office of the Authority in accordance with this Act. The period of inspection shall be not less than two months from the date of first publication of such notice. The particulars of any proposed amendment which, pursuant to this section, will be available for inspection shall include all maps and plans (if any) relevant to such proposed amendment.

Soil Conservation Act of 1965, No. 4 109 (c) to construct or excavate such works as is specified in the soil conservation order which in the opinion of the Authority are necessary for the effective implementation of soil erosion control measures ; (d) to do or take any other step or thing specified in the order which is required to be done or taken by him to comply with the approved scheme. (4) Any person who feels aggrieved by a soil conservation order may within thirty days after it was given to him refer the matter of its issue to the Minister. Upon the hearing of a reference under this section the Minister or a person appointed by him in that behalf may- (a) confirm the order; (b) direct that the Authority withdraw the order; (c) vary the order in such manner as he thinks fit; or (d) suspend the operation of the order for such period as he thinks fit. If the Minister or the person appointed by him varies the order the order as so varied shall be deemed to be the soil correction order given in respect of the land in question. The decision of the Minister or the person appointed by him shall be final. The Minister or the person appointed by him in that behalf may summon witnesses , administer oaths and hear evidence as he considers necessary or desirable for hearing and determining the matter of the reference. (5) A person to whom a soil correction oraer is given or is deemed to have been given and every person who subsequent to the giving of such notice becomes the owner or occupier of the land in respect of which it was given whether or not he had or would be deemed in law to have had notice of its existence shall comply in every respect with such notice unless it has ceased to subsist or to operate. 72. Remedies upon default in compliance with soil conservation order. (I) If any person being required by this Act to so comply fails to comply with a soil conservation order the Authority may do or cause to be done such acts as, in the opinion of the Authority, are necessary to duly comply with such order and, if it does so, such person shall be liable (and, in the case of more than one such person, jointly and severally liable) to pay to the Authority the expenses reasonably incurred by the Authority in effecting such compliance and such expenses together with costs may be recovered as a debt at the suit of the Authority in any court of competent jurisdiction or by way of complaint under " The Justices Acts, 1886 to 1964." The provisions of this subsection or the recovery of any expenses or costs pursuant hereto shall not affect the liability of the person concerned to be prosecuted and penalized for his failure to comply with such an order. For the purposes of this subsection the Authority and its employees and agents with such assistants as may be required for the purpose together with all tools, equipment and implements reasonably required for the purpose may enter and remain upon, pass and repass over any land

110 Soil Conservation Act of 1965, No. 4 (2) Upon convicting any person of a failure tQ comply with a soil conservation order a court may, in lieu of or in addition to any penalty for such failure, order such person to pay to the Authority the whole of the expenses proved to the satisfaction of such court to have been reasonably incurred by the Authority in effecting compliance with such notice. (3) if any person being required by this Act to so comply fails to comply with a soil conservation order the Authority may apply to the Supreme Court of Queensland that an order for mandamus be made or an injunction be issued directed to such person to compel him to comply with such notice or, as the case may be, to refrain from contravening such notice and such court may grant any such remedy as it considers just. For the purposes of an application made pursuant to this subsection the Authority shall be deemed to possess a sufficient interest or right in law to support the grant of such a remedy. PART VIA-SOIL CONSERVATION PROJECTS 73. Canstitution of Soil C ervatiea Project Area . (1) The Governor in Council may, upon the recommendation of the Minister , by Order in Council published in the Gazette constitute any portion of the State to be a Soil Conservation Project Area. (2) The Minister may cause a poll of the owners of land which would be included in a proposed project area to be taken on the issue of the constitution of such project area. The Minister shall not recommend to the Governor in Council that a project area be constituted if, upon the taking of a poll pursuant to this subsection, the majority of votes cast thereat is against the constitution of such project area. (3) Before recommending to the Governor in Council that a project area be constituted the Minister shall give notice of his intention to make such recommendation to every Government Department and statutory authority which in the opinion of the Minister would be likely to be affected by such constitution. 74. Preparation and approval of plan . (1) Subject to this Act, the Authority may prepare a soil conservation project plan (in this Act called a " project plan ") in respect of the whole or a part of- (a) each area of soil erosion hazard; (b) each project area. (2) (a) The Authority shall in the preparation of a project plan classify all works necessary for the implementation of the project plan into the following categories:- (i) works of general benefit; and (ii) works of private benefit, and shall cause to be prepared a preliminary estimate of the capital cost thereof showing separately the estimated cost of the work of general benefit and the estimated cost of the work of private benefit (showing in respect of the work of private benefit, the estimated cost of such work on each parcel of land).

Soil Conservation Act of 1965, No. 4 11 1 (b) Works of general benefit are those works which in the opinion of the Authority are for the general benefit of the district. (c) Works of private benefit are those works other than general benefit works. (3) When a project plan has been prepared by the Authority, the project plan and all maps and plans relevant thereto shall be open for inspection at the office of the Authority and at least one place situated in the area in question for a period of three months from the date of first publication of the advertisement in this Act called the " inspection period "). Before the commencement of the inspection period the Authority shall- (a) by advertisement published at least once in at least one newspaper circulating in the district, give notice that the project plan is open to inspection as aforesaid and that objections thereto may be lodged in accordance with this Act; (b) serve on or by prepaid post letter forward to every owner of land included in the project plan a copy of the advertisement required to be published by paragraph (a) of this subsection and an explanation of that part of the project plan which is likely to affect the land of such owner; and (c) forward a copy of the project plan to- (i) the Commissioner of Irrigation and Water Supply; (ii) every River Improvement Trust constituted in respect of a River Improvement Area situated wholly or partly within that part of the State in respect of which the project plan is prepared ; (iii) the Commissioner of Main Roads; (iv) the Commissioner for Railways; (v) the Land Administration Commission; and (vi) every Local Authority whose Area is situated wholly or partly within that part of the State in respect of which the project plan is prepared. 75. Objections to project plan. (1) During the inspection period or within one week after its termination any person who considers himself prejudiced by the project plan may lodge an objection to the project plan or to any part thereof in writing with the Authority together with reasons for such objection. Where an objector is a statutory authority or a Government Department, he shall at the time of lodging his objection lodge with the Authority a plan, alternative to the part of the project plan in question, which in the opinion of the objector would remove his objection to the project plan. Such a plan shall be deemed to form part of the objection of the objector. (2) A statutory authority or Government Department may at any time prior to the expiration of the inspection period apply to the Minister for an extension of time in which to draw up such a plan in which case the

112 Soil Conservation Act of 1965, No. 4 Minister may either grant or refuse the application and if he grants the same the Minister shall specify the time within which the plan shall be lodged with the Authority. A plan lodged within the time so specified shall be deemed to have been lodged in compliance with subsection (1) of this section. (3) Forthwith upon the receipt by it of all objections lodged in accordance with this section the Authority shall consider every such objection. 76. Approval of project plan. (1) When the Authority has completed its consideration of all objections duly made to a project plan it shall submit to the Governor in Council- (a) the project plan; (b) a report of the Authority on each such objection. (2) Upon a submission from the Authority, the Governor in Council may, in his discretion- (a) approve the project plan; (b) approve the project plan subject to such alterations or modifications as the Governor in Council determines ; (c) reject the project plan. The decision of the Governor in Council shall be notified by notification published in the Gazette. (3) If the Governor in Council approves of the project plan then upon notification in the Gazette of such approval the project plan (as approved) shall be, for the time being , the approved Soil Conservation Project Plan for the area in respect of which it is so approved and shall be binding in law upon and shall be observed by the Crown, the Authority, statutory authorities and all persons accordingly. 77. Appliatioo of provisions of Part V. Subject to this Act. the provisions of Part V of this Act shall apply and extend with respect to every area of soil erosion hazard and every project area and, for the purposes of such application and extension, the provisions of Part V of this Act shall be read with and subject to all necessary adaptations and modifications including by reading any reference therein to a Trust and an approved scheme to be references respectively to the Authority and an approved project plan. 78. Transfer of assets to Trust , &c. Where pursuant to this Act an area of soil erosion hazard or a project area is constituted a soil conservation district, the Governor in Council may by Order in Council give directions with respect to- (a) the transfer of assets from the Authority to the Trust which is constituted or to be constituted in respect of that district: (b) the discharge of liabilities of the Authority; and (c) such other matters as the Governor in Council thinks fit. Every such direction shall be as binding and effectual in law as if enacted in this Act.

Soil Conservation Act of 1965, No. 4 113 PART VIII-FINANCIAL ASSISTANCE TO OWNERS OF LAND 79. Interpretation . In this Part, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Bank "-The Corporation of the Agricultural Bank within the meaning of " The Agricultural Bank (Loans) Act of 1959 "; " Farm land "-Farm land within the meaning of " The Agricultural Bank (Loans) Act of 1959 "; " Fund "-The Fund established in the Treasury under and for the purposes of this Part; " Works "-Works necessary for the prevention or mitigation of erosion or conservation of soil and any operations incidental thereto and includes works required to be done by or pursuant to this Act. 80. Application for advance . (1) An owner of farm land who desires an advance for the purpose of carrying out works may make an application to the Authority for an advance. (2) Two or more owners of farm land who wish to jointly carry out measures for the conservation or protection of the soil of their respective lands may join in an application for an advance under this Part for the purpose of carrying out works. Such applicants shall repay the amount of any advance made to them or on their behalf together with interest thereon and all other charges in respect thereof in such proportions as are agreed upon by them and the Bank. 81. Dealing with application . (1) (a) Upon receipt of an application the Authority shall cause to be made all such inquiries and investigations as it considers necessary. (b) The Authority shall submit the application, together with its report on such inquiries and investigations as it has caused to be made to the Bank for decision by the Bank whether or not an advance should be made. (c) For the purposes of advising the Bank on matters relevant to applications under this Part for advances the Agricultural Bank Board within the meaning of " The Agricultural Bank (Loans) Act of 1959 " shall consist of the three members appointed pursuant to the provisions of " The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951 " to constitute that Board for the time being together with the Authority or a person nominated in writing by the Authority. (2) When the Bank has decided that an advance should be made consequent upon an application made under this Part- (a) the Authority shall give to the applicant a statement setting out- (i) the works approved by the Authority to be carried out; and (ii) the cost of such works as estimated by the Authority;

114 Soil Conservation Act of 1965, No. 4 (b) the Bank shall give to the applicant a statement setting out- (i) the amount of the advance proposed to be made in respect of such works; and (ii) the conditions upon which the advance will be made. An advance shall not in any case exceed ninety per centum of the cost of works as estimated by the Authority. (3) If, having regard to the information set out in the statements given pursuant to the last preceding subsection an applicant for an advance wishes to proceed with the works approved by the Authority he shall, within one month after the receipt by him of such statements , notify the Authority to that effect by notice in or to the effect of the prescribed form. 82. Bank to make advances . (1) In any case where the applicant notifies the Authority under subsection (3) of section eighty-one of this Act the Bank shall, subject to the provisions of this section, make the advance by way of loan. (2) Every advance shall be on such security as the Bank requires, and no provision in this Act shall be construed as requiring the Bank to make any advance in respect whereof security as required by the Bank is not given to its satisfaction. The Bank shall have and may exercise with respect to any advance under this Act made by it, and any and every security taken by it in relation to such advance, all such powers, rights, remedies and protection as it has in respect of a like advance under " The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951," or, according to the terms and conditions of the advance, under those Acts and " The Agricultural Bank (Loans) Act of 1959," and all of the provisions of such Acts shall, with and subject to all necessary adaptations, apply and extend accordingly. (3) All securities required by the Bank in respect of any advance shall be executed and provided by the applicant for that advance before any payment is made on account of that advance to him or on his behalf. (4) An advance made under this Part shall not be taken into account for the purposes of determining, under the provisions of section twenty-six of " The Co-ordination of Rural Advances and Agricultural Bank Acts. 1938 to 1951." the maximum of the advance or advances which may be made to an} one person by the Bank. 83. Conditions precedent to advances . An advance shall not be approved unless the Bank is satisfied- (a) that the land on which or for the benefit of which the works concerned are to be carried out will be used as farm land efficiently and with a reasonable prospect of success; (b) that the works concerned are necessary to provide for the prevention or mitigation of erosion on that land, or to provide for the co-ordinated disposal of run-off water within the common drainage area; and (c) that the conditions contained in the statement given pursuant to paragraph (b) of subsection (2) of section eighty-one of this Act will be observed by the applicant.

Soil Conservation Act of 1965, No. 4 115 84. Payment of advance . An advance shall be made in such manner as the Bank directs and upon the Authority certifying that the works have been carried out or are beine carried out in a satisfactory manner and in accordance with the approval of the Authority. For the purposes of this section, the Authority may, by its officers and servants enter the land of the applicant for the advance and inspec' the works. 85. Authority may carry out investigations , &c. The Authority may- (a) supervise, on behalf of any owner, the carrying out of any soil conservation works on any farm lands; and (b) carry out surveys and investigations and prepare designs for and estimates of costs of any soil conservation works proposed to be carried out on any farm lands. The Authority may charge fees for such services. Such fees may be paid by way of advance by the Bank under this Part. 86. Works to be carried out in accordance with other Parts of Act. No provision of this Part shall be construed to authorize the carrying out of works to which Parts V, VI, or VII of this Act applies otherwise than in'compliance with that Part of this Act which applies to such works. 87. Soil Conservation Assistance Fund . (1) There shall be established in the Treasury a Fund to be called " The Soil Conservation Assistance Fund ". (2) There shall be paid into the Fund- (a) all moneys borrowed by the Bank for the purposes of this Part; (b) all moneys received by the Bank in respect of the repayment of advances made under this Part, or the payment of interest thereon and all other charges in respect thereof; (c) all moneys appropriated by Parliament for the purposes of this Part. (3) There shall be paid out of the Fund- (a) all advances made by the Bank under this Part; (b) all moneys payable by the Bank in respect of the repayment of loans borrowed by the Bank for the purposes of this Part, and the payment of interest thereon ; (c) all expenses incurred by the Bank in respect of advances under this Part. 88. Power of Bank to borrow money . For the purpose of enabling it to carry on the business of making advances under this Part the Bank may borrow money and the provisions, with respect to the borrowing of money by the Bank, of "The Co-ordination of hural Advances and Agricultural Bank Acts, 1938 to 1951," shall, with and subject to all necessary adaptations apply and extend accordingly. Without limiting the generality of those provisions of " The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951," with the prior approval of the Governor in Council, the Bank may from time to time borrow money by the sale of debentures, bonds or inscribed stock, or partly in one way and partly in another way or other ways.

116 Soil Conservation Act of 1965, No. 4 PART IX-GENERAL PROVISIONS 89. Resumptions by Trust under 6 Edw . 7 No. 14 . (1) A Trust shall be a constructing authority within the meaning of " The Public Works Land Resumption Acts, 1906 to 1955," for the purpose of carrying this Act into effect. (2) The exercise of a power or authority conferred by this Act or the performance of a duty or function imposed by this Act and the construction, maintenance or carrying out of works under this Act shall be deemed a purpose for which land may be taken under those Acts. 90. Special p rovisions applicable to Trust as co=Mc t ing authority. (1) When a Trust requires to take land for the purposes of this Act it need not comply with the provisions of section six of " The Public Works Land Resumption Acts, 1906 to 1955," but, in lieu thereof shall serve upon each person who, to its knowledge, is entitled under section fifteen of those Acts to make a claim for compensation a notice that it requires to take the land in respect of which the person concerned is so entitled. Such a notice shall- (a) describe the land to be taken sufficiently to identify it; and (b) state that the Trust is willing to treat as to compensation to be paid in respect of the land to be taken and matters consequential thereto. (2) At any time after a notice has been served on any person pursuant to the preceding subsection but before the making in respect of the taking of the land in question of a Proclamation prescribed by paragraph (ii) of section seven of " The Public Works Land Resumption Acts, 1906 to 1955," the Trust concerned may serve upon such person a further notice that the Trust is discontinuing the taking of the land in question. Service of such a further notice upon all the owners of the land in question shall discontinue the taking of such land and no person shall have any claim for compensation or other right or remedy against the Trust or any member thereof or any other person for loss or damage alleged to have been occasioned by the service of a notice under the preceding subsection or of a further notice other than a claim for actual damage done to the land in question by or on account of the Trust. (3) The failure of a Trust to serve upon any person entitled thereto a notice prescribed by this section or any misdescription of any matter in a notice served under subsection (1) of this section shall not prejudice the operation of a Proclamation made under paragraph (ii) of section seven of " The Public Works Land Resumption Acts, 1906 to 1955," with respect to the taking of the land in respect of the taking of which such notice should have been served or, in the case of a further notice, the discontinuance of the taking of the land in question. (4) It,. respect of land to be taken or taken for the purposes of this Act it shall not be necessary to particularize in any notice served under subsection (1) of this section or in a Proclamation made under paragraph (ii) of section seven of " The Public Works Land Resumption Arts, 1906 to 1955," the works or purposes for which such land is to be or has been taken but it shall be sufficient to therein state that such land is to be or, as the case may be. has been taken by the Trust concerned.

Soil Conservation Act of 1965, No. 4 11 7 (5) The time limit foi making a claim for compensation in respect of the taking of land by a Trust shall be three months from the date of publication in the Gazette of the Proclamation made in respect of the land so taken under paragraph (ii) of section seven of " The Public Works Land Resumption Acts, 1906 to 1955." The provisions of subsection (1) of section eighteen of those Acts shall not apply in respect of such a taking. (6) This section shall be read as one with " The Public Works Land Resumption Acts, 1906 to 1955." 91. Resumption of land for Autbority under 2 Geo . VI No. 3. (1) All lands other than Crown lands and all easements which are required by the Authority for or in connexion with any purpose under this Act including any works or purpose with respect to or in relation to which any right, power or authority is conferred or duty or obligation imposed upon the Authority under this 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 1958," to the same extent as if the purpose under this Act for or in connexion with which the lands or easements in question are required were works authorized by the Governor in Council under " The State Development and Public Works Organisation Acts. 1938 to 1958," 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 Authority. (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. 92. Declaration as to public purpose . The prevention or mitigation of erosion pursuant to this Act is a public purpose within the ,neaning of and for the purposes of " The Land Acts, 1962 to 1964." 93. Agreement with owners of lands . (1) The Authority or a Trust may agree with an owner or, where the owner is not the occupier, with the owner and occupier of any land for or with respect to the undertaking and maintenance by the Authority or a Trust of works in or upon such land and for or with respect to the use by the Authority or Trust of any land for the purposes of ingress, egress, and regress to and from such land or any other land upon or in which the Authority or Trust is undertaking and maintaining any works. (2) Upon production to the Registrar of Titles or other authority charged with the registration of instruments affecting title to the land in question of an agreement entered into pursuant to the preceding subsection together with a duplicate thereof such registrar or other authority shall enter a memorial of such agreement on the instrument of title to the land in question. Until the expiration of the period expressed in such an agreement as the period during which it is to remain in force or, if no such period is therein expressed, until a request to record the discharge of such an

118 Soi l Conservation Act of 1965, No. 4 agreement signed by or on behalf of the Authority or, as the case may be, the Trust for whose benefit the agreement was entered into is registered on the said instrument of title ( the said registrar and other authority being hereby empowered so to do) such agreement shall be deemed to create an easement over the land in question. 94. Alterations of covenants , &c., of certain leases . (1) Where the Minister is satisfied that- (a) compliance with any covenant, condition, or provision of any lease granted under " The Land Acts, 1962 to 1964 "; or (b) the absence of any covenant, condition or provision in any such lease, causes or tends or would tend to cause soil erosion on any land, the Minister shall so advise the Minister for the time being administering " The Lands Acts, 1962 to 1964." (2) Where that Minister has been so advised, the Governor in Council on his recommendation and notwithstanding anything to the contrary contained in " The Land Acts, 1962 to 1964," may vary, modify, revoke, or add to the covenants, conditions or provisions of the lease according as the circumstances require. 95. Notice where value of land affected . Where the effect of any notice, direction, order, condition or requirement given, made, issued or enforced by the Authority or any Trust pursuant to this Act is, in its opinion, likely to affect the value of any land the Authority or, as the case may be, that Trust shall furnish to the Valuer-General or when the land in question, is a holding within the meaning of " The Land Acts, 1962 to 1964," to the Secretary of the Land Administration Commission a copy of such notice, direction, order, condition or requirement and all particulars relating thereto as he may from time to time require. %. Service of orders . (1) A notice or order shall be duly served for the purposes of this Act if it has been- (a) served personally on the person on whom it is required to be served, or (b) left at or sent by prepaid post to the place of abode or place of business of that person last known to the Authority or, as the case may be, the Chairman of the Trust on behalf of which such notice or order is being served. (2) If- (a) any person required to be served for the purposes of this Act with a notice or order is absent from the State or cannot be found or his place of abode or business cannot be ascertained after diligent inquiry; or (b) in the case of a body corporate the place of business of that body corporate cannot be found after diligent inquiry, the notice or order shall be deemed to be duly served if it is affixed at some conspicuous point of the land to which it relates.

Sod Conservation Act of 1965, 1Vo. 4 119 97. Limitatioe of liability . No act, matter, thing, recommendation or decision done or made in good faith by- (a) the Minister; (b) the Authority ; (c) any member of the Advisory Committee; (d) a Trust or any member thereof; (e) any officer, employee or agent of the persons aforesaid; (f) any officer of the Department of Primary Industries ; (g) any member of a Group Committee; or (h) any person carrying out the requirements of a soil correction notice or a soil conservation order given pursuant to this Act, for the purpose of carrying out or giving effect to this Act, shall subject them or any of them to any action, liability, claim or demand. 96. O6eaces . (1) Any person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and is liable , if specific penalty is not otherwise prescribed for that offence, to a penalty of one hundred pounds. (2) Any person who after being convicted of an offence against this Act continues in the contravention or failure to comply for which he has been so convicted commits an offence which shall be deemed to be a continuing offence (whether or not any date by which compliance with this Act was required to be effected has passed) and shall be liable to a penalty of ten pounds for each day during which such offence continues. (3) A prosecution for an offence against this Act may be taken by way of summary proceeding under " The Justices Acts, 1886 to 1964." 99. Regulatioes . (1) The Governor in Council may from time to time make regulations not inconsistent with this Act 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 achieving or better achieving the objects and purposes of this Act. (2) Without limiting the generality of the provisions of subsection (1) 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 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 any of the specified technical services in respect of which a license as aforesaid is required;

120 Soil Conservation Act of 1965, No. 4 (b) providing for regulating and controlling the taking of polls under this Act and , in the case of a poll for the election of representative members of a Trust or to fill a casual vacancy in the office of any representative member of the Trust providing for, regulating and controlling all such matters and things as the Governor in Council deems necessary or expedient for any purposes of or connected with such an election; (c) prescribing fees for prescribed special services; (d) prescribing the qualifications , powers and duties of officers appointed under or for the purposes of this Act; (e) 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; (f) subject to this Act, on the recommendation of the Auditor- General, prescribing, providing for, regulating and controlling- (i) the form and manner in which the annual budget shall be framed and the books of account of a Trust shall be kept ; (ii) the banking of moneys received by or on behalf of a Trust; (iii) generally for the execution of sections twenty-seven to forty-six both inclusive of this Act; (g) prescribing any matter or thing relating to the carrying on of the business of a Trust and the conduct of its meetings; (h) prescribing all matters and things with respect to the making of advances under Part VIII of this Act; (i) prescribing any matter or thing required or permitted by this Act to be prescribed excepting such a matter (if any) so required to be prescribed otherwise than by regulation; (j) 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. 100. PoAicatioa of Prociamatioas, Orders in Cooacil and regolatioas. (1) Every Proclamation, Order in Council and regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect from the date of such publication unless, in the case of any regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (d) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before it

Soil Conservation Act of 1965, No. 4 1.1 disallowing the same or part thereof, that Proclamation, Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council or regulation. 10:. Inaccurate descriptions , &c. No misnomer, inaccurate description, or omission in or from any Proclamation, Order in Council, regulation, order, or other act of authority under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter of that Proclamation, Order in Council, regulation, order, or other act of authority provided the same is designated so as to be understood.