Soil Conservation (Amendment) Act 1947 (NSW)
Soil Conservation (Amendment) Act.
SOIL CONSERVATION (AMENDMENT) ACT.
Act No. 11, 1047.
An Act to enable owners of land to obtain George vi.
advances for the purposes of carrying out works of soil conservation and erosion mitigation; to amend the Soil Conser vation Act, 1938, in certain respects; and for purposes connected therewith. [Assented to, 28th March, 1947.]
■T)E it enacted by the King’s Most Excellent Majesty, f j by and with the advice and consent of the Legis lative Council and Ijegislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited a s the “ Soil short title
| Conservation (Amendment) Act, 1947” . | m7nc7ment |
| (2) The Soil Conservation Act, 1938, as amended by this Act, may be cited as the Soil Conservation Act, 1938-1947. | |
| (3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. |
2 . (1) The Soil Conservation Act, 1938, is amended AmeTujment
by inserting next after Part IV the following new
| P art:— | 1938. | ’ |
| PART IVa. | New Part |
| IVa. |
| A dvaxces for W orks | of | S oil | C o n ser v a t io n | a n d |
E rosion M itigation .
22a. In this Part of this Act, unless the context or Definitions,
subject matter otherwise indicates or requires:—
“ Bank” means the Rural Bank of New South
Wales.
“ Commission” moans the Water Conservation and Irrigation Commission constituted under the Irrigation Act, 1912, as amended by subsequent Acts.
“ Works”
Soil Conservation (Amendment) Act.
| No. 11, 1947. | “ Works” means works necessary for the conservation of soil or for tlie mitigation of erosion and any operations incidental thereto. |
| Application |
| for an | 22b . (1 ) Any owner of land who desires an |
| advance, | advance for the purpose of the carrying out of works, |
| cf. Act No. | whether such works are included in a project or |
| 22,1946, | otherwise, may make an application to the Minister |
| 8. 3. | for an advance. |
| (2) | Such application shall be in or to the- |
effect of the prescribed form.
Minister
| may grant | 22c. (1) Upon receipt of an application the |
| or refuse | Minister shall decide whether or not an advance |
| application, | shall be made. |
| cf. IHd. | |
| s. 4. | (2) In the event of the Minister deciding that an advance shall be made, he shall furnish to the' applicant a statement, setting out a description of the works he has approved should be carried out, the conditions as to land use or otherwise which the owner shall be required to observe during the- currency of the advance, the amount of the advance which the Minister has tentatively approved should be made, and, where the Minister so determines, the' cost of the works as estimated by him. |
| Where the applicant desires the Minister to carry out the works and the Minister is prepared to carry out the works, the Minister shall set out in such statement the terms and conditions under which he is prepared to carry out the works, including the charge to be paid therefor or the manner in which such charge shall be assessed and the amount, if any,, but not more than ten per centum of the cost of the works as estimated by the Minister, to be paid to the Minister in accordance with subsection three of this section. | |
| (3) If, on receipt of the statement referred to- in subsection two of this section, the applicant is desirous of obtaining the advance, he shall notify the Minister to that effect in the prescribed form, and whore he desires the works to be carried out by the Minister, the notification shall be accompanied by |
the
| Soil Conservation (Amendment) Act. | 87 |
| the amount (if any) set out in the statement referred | 1^947. |
| to in subsection two of this section to be paid to the Minister. |
2 2 d . ( 1 ) In any case where the applicant notifies Bank to
the Minister under subsection three of section 22c “f̂ neeg.
| of this Act that he desires the advance such advance | Act No. |
shall, subject to the provisions of this Act, be made 22̂ 1946,
by the Bank by way of loan bearing interest at such
rate as may be fixed by the Colonial Treasurer.
(2) The powers, authorities, duties and functions conferred or imposed upon the Bank by this Act shall be exercised and performed by the Bank through such agency of the Bank as is -determined by the Bank.
(3) To the extent that the same are applicable and are not inconsistent with this Act, the provisions of Division 1 of Part VIb of the Govern ment Savings Bank Act, 1906, as amended by subsequent Acts, shall apply to all moneys which become payable to or recoverable by or Avhich are received by the Bank in pursuance of this Act.
2 2 e . No advance shall be made under this A(;t Conditions
| unless the Minister is satisfied— | to mivances. |
| (a) |
that agricultural, grazing or similar opera- ct.iud. lands on which the Avorks are to be effected, with a reasonable prospect of success and in accordance with the conditions as to land use or otherAvise specified in the statement furnished to the applicant in pursuance of section 22c of this Act; and
| (b) | that the carrying out of the works on such lands is necessary to ensure the conserva tion of the soil of such lands or for the mitigation of erosion thereon. |
| 2 2 f . | The amount of any advance to be made to any Am ount o f |
| ■owner Avhere the Avorks are to be carried out b any | , | . | wiicre work |
person or body, including the owner, other than the not carried
| Minister, shall be finally determined by the Minister | Minister, |
| upon completion of the Avorks. | cf. Ibid. |
2 2 g.
88 Soil Conservation (Amendment) Act.
| No. 11, 1047. | 22g. Where any works in respect of which an |
| Payment of | advance is to be made under this Act are carried out |
| advance | |
| where works | by any person or body, including the owner, other |
| not | than the Minister, such advance shall be made in such |
| carried | |
| out by | manner as the Minister directs and upon the Minister |
| Minister. | certifying that the works have been carried out or |
| cf. Act No. | |
| 22,1946, | are being carried out in a satisfactory manner and |
| s. 8. | in accordance with the ap])roval of the Minister. |
| For the purposes of this section any officer or servant of the Public Service or of the Commission, authorised by the IMinister in that behalf may enter the lands of the owner and inspect the works. | |
| may carry |
| Minister | 22h . (1 ) In any case where the o\vner desires the |
| out work | Minister so to do the Minister may for or on behalf |
| where | |
| advance | of and at the cost of the owner carry out or have |
| is made, | carried out in pursuance of section thirteen of this |
| cf. Ibid. | Act works in respect of which an advance is to be |
| s. 9. | made under this Act. |
| (2) Any works carried out under this section shall be carried out on such terms and conditions, including the charge to be paid therefor or the manner in which such charge is to be assessed, as may be agreed upon by the owner and the Minister. | |
| (3) Where the charge to be paid by the ow er for any works carried out under this section is the actual cost incurred in carrying out the works, the amount of the actual cost may include all proper supervision costs and the certificate referred to in subsection five of this section shall be accepted as final and conclusive evidence of such actual cost. | |
| (4) Where any works are carried out under this section, the amount of the advance to be made by the Bank shall be the charge agreed to be paid by the owner to the Minister for the carrying out of the works less the amount (if any) paid to the Minister by the owner under the provisions of sub section three of section 22c of this Act. | |
| (5) On completion of any such works carried out under this section, a certificate under the hand of the Minister or of such person as may be authorised by him so to do, setting out the amount |
o f
Soil Conservation (Amendment) Act.
of the charge to be paid to the Minister for t h e No. n, 1947.
carrying out of the works shall be forwarded to the Bank whereupon the amount of the advance shall be jiaid to the Minister by the Bank and thereupon the advance shall, for the purposes of this Act, be deemed to have been made to the o w n e r .
22i. (1) The Minister may let on hire any Minister
machinery, plant or equipment for the purpose of machinery,
the carrying out of works by an owner or occupier etc., on
| ot lands. | . » .xr |
| _ | cf. Act No. |
(2) Where any machinery, plant or equip- 22,1946,
ment has been let out on hire to an owner under this section for the purpose of carrying out any works in respect of wliich an advance is to be made under this Act, the Bank shall, out of the moneys to be advanced to the owner, pay to the Minister the amount of anj" such hire and any sucli amount shall, for the ]iurposes of this Act, be deemed to have been advanced to the owner.
| 22j . (1) The owners of two or more separate | works, |
parcels of land who are desirous of carrying out or having carried out joint works on their lands may, whether or not the whole of the works are to be constructed on the land of one owner, make an application for an advance for the carrying out of works for that purpose. The provisions of subsection tivo of section 22b and of section 22c of this Act shall apply, mutatis mutandis, to and in respect of an application under this section.
(2) The amount of every advance made in pursuance of an application lodged under this section shall be repaid by the whole of the owners in such proportions as may be agreed upon between them. N'otification of such proportions shall be given to the Minister when giving notification in accordance with subsection three of section 22c of this Act.
22k . (1) The repayment of every advance made Ecp.iyment
under this Act together with interest as hereinbefore secured'by
provided shall be secured by a deed of charge over deed of
the lands of the owner in such form as may be
| required by the Bank. | s. 12. | ’ ' ' |
"Wliere
90 Soil Conservation (Amendment) Act.
| No. 11, 1947. | Where the advance is made to two or more owners under section 22j of this Act, each owner shall execute a deed of charge to secure the repayment of his respective proportion of the amount of the advance. |
| (2) Such deed of charge shall, where the works are to be carried out by any person or body,, including the owner, other than the Minister, be- expressed to be made between the owner of the lands and the Bank, and where the works are to be carried out by or on behalf of the Minister, be expressed tO' be made between the owner of the lands, the Minister and the Bank, and shall provide for the repayment of the amount advanced to such owner by consecutive half-yearly instalments within a period, not exceeding fifteen years, determined by the Minister,, together with interest as aforesaid on the amount owing from time to time, and shall contain— |
| (a) | a condition to the effect that in the event of the owner failing to maintain the works in respect of which the advance is made to the satisfaction of the Minister or failing to observe the conditions as to land use or otherwise specified in the statement fur nished to the owner in pursuance of section. 22o of this Act, the whole of the principal and interest secured by the charge shall at the option of the Bank become immediately due and payable; and |
| (b) | such other powers, covenants, provisions, conditions and clauses as the Bank determines. |
(3) Where any works are to be carried out by or on behalf of the Minister such deed of charge shall be executed by the owner before the commence ment of the construction of the works and where any works are to be carried out by any person or body, including the owner, other than the Minister, such deed of charge shall be executed by the owner before any advance is made to the owner.
(4) Any sum payable under a deed of charge
under this section shall be paid to the Bank and
shall,
| Soil Conservation (Amendment) Act. | 91 |
| shall, until so paid, be and remain a charge in its | 1^947. |
| favour on the land mentioned in the deed, and shall be recoverable by the Bank in any court of competent jurisdiction from the owner of the land for the time being. |
22l . (1) Where the owner or occupier of any Minister
lands desires the Minister to carry out works and “jYwor ̂
| is prepared to pay in cash for the carrying out of wiiere | | |
| such works, the Minister may carry out or have carried out in pursuance of section thirteen of this made. Act, the works on such terms and conditions, inelud- cf- Act No. ing the charge to be paid therefor or the manner in which such charge is to be assessed, as may be agreed upon by the owner or occupier and the Minister. | |
| (2) A certificate under the hand of the Minister or such person as may be authorised by him in that behalf, of the amount payable by the owner or occupier for any such works shall be for warded to the owner or occupier, which certificate shall, where the charge to be paid for the works is the actual cost incurred by the Minister in carrying out the works, be accepted as final and conclusive evi dence of the charge payable by the owner or occupier. | |
| Such amount until paid shall be and remain a debt due to the Minister and if not paid in accordance with the terms and conditions agreed upon shall be recoverable by the Minister in any court of competent jurisdiction. |
| 22m . (1) The Minister may— | Minister |
| (a) | supervise, on behalf of any owner, the YYinYsti- | |||
| ||||
| (b) |
|
(2) The charge, if any, to be paid to the
Minister for any supervision or technical work
| I | carried |
92 Soil Conservation (Amendment) Act.
| Ho. 11, 1947. | carried out by him pursuant to the provisions of subsection one of this section may— |
| (a) | where so agreed between the owner and the Minister be paid for in cash by the owner; |
| (b) | be the subject of an advance under and in accordance with the provisions of this Act; |
| (c) | be included in the amount of any advance which is made under and in accordance with the provisions of this Act for the carrying out of any works. |
(3) Where the charge for any supervision or technical work carried out by the Minister under the provisions of subsection one of this section is the subject of an advance under and in accordance with the provisions of this Act, or where any such charge is included in the amount of any advance being made under and in accordance with the provisions of this Act, the Bank shall, out of the moneys to be advanced to the owner, pay to the Minister the amount of such charge and any such amount paid by the Bank to the Minister sliall, for the purposes of this Act, be deemed to have been advanced to the owner.
| Entry on | 22n. Where any works are to be carried out by |
| land and |
| use of | or on behalf of the Minister under this Act the owner |
| materials, | and the occupier of the lands on which the works |
| cf. Act No. | |
| 22, 1946, | are to be carried out shall for the purpose of enabling |
| s. is. | the said works to be carried out grant to the Minister, his officers, workmen, servants, contractors or agents at all reasonable times, full and free right of ingress, egress and regress in, over or upon all or any of such lands and the right to the use of earth, stone, timber, gravel or sand or other materials or things dug, raised or obtained on such lands. |
| Offences, | 22o. Any person— |
| cf. Ibid. |
| B. 17. | (a) who receives any advance from the Bank under this Act and in any manner directly or indirectly uses the same or permits the same to be used for any purpose other than the purpose for which the advance was made; or |
( b )
Soil Conservation (Amendment) Act.
| ' | (b) |
| who, while any money is owing to the Bank No. li, 1947. without the consent of the Bank removes, | |
| _ | sells or otherwise disposes of any machinery, plant or other thing forming part of any works for the carrying out of which such advance was made, |
shall be liable to a penalty not exceeding fifty pounds.
22p . (1) The Minister may by writing under his Delegation
hand delegate to the Permanent Head of the Depart- of power, Minister’s powers, duties and functions under this Act so that the delegated powers, duties and functions may be carried out by the delegate with respect to the matters or class of matters and subject to the conditions or limitations specified in the instrument of delegation.
ment of Conservation all or any of the Minister’s
powers, duties and functions under sections 22c and
22p of this Act and to any other officer of the Public
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power, duty or function by the Minister.
(2) The Soil Conservation Act, 1938, is further Further
| am ended- | — | “ f |
10,1938.
| (a) | by inserting in section two next after the matter Sec. 2. | |
|
PART IVa.— A dvances for W orks of Soil
C onservation and E rosion M itigation
| —ss. | 2 2 a .— 2 2 p . |
| (b) by inserting at the end | of section twelve the See. 12. |
| following words:— | and |
| (Advances |
Any advance to an owner under the provisions payments.)
of this section shall be made only upon the aiiplieation of the owner under and in accordance with the provisions of Part IVa of this Act and the provisions of the said Part shall fipply. mutatis mutandis, to and in respect of any such advance.
(c)
94 Coal Mines Regulation (Amendment) Act.
| No. 11, 1947. | (c) | by inserting in subsection three of section |
| See, 14. | fourteen after the word “ eighteen” the words | |
| (Co I'l’viog | “ or Part IVa.” | |
| out of Woi ks by Minister or Dli'cctor.) |
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