Soil Conservation (Amendment) Act 1988 (NSW)

SOIL CONSERVATION (AMENDMENT) ACT 1988 No. 101

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3. Amendment of Soil Conservation Act 1938 No. 10

4. Transitional provision 5. Repeal of Regulation

SCHEDULE 1— AMENDMENTS

SOIL CONSERVATION (AMENDMENT) ACT 1988 No. 101

NEW SOUTH WALES

Act No. 101, 1988

An Act to amend the Soil Conservation Act 1938 so as to abolish the Soil Conservation Advisory Council, to reconstitute soil conservation catchment

committees, to bind the Crown and for other purposes. [Assented to 19
December 1988]

2   Act No. 101

Soil Conservation (Amendment) 1988

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Soil Conservation (Amendment) Act

1988.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Soil Conservation Act 1938 No. 10

3. The Soil Conservation Act 1938 is amended as set out in Schedule

1.

Transitional provision

A person who, immediately before the repeal of section 23 of the Soil Conservation Act 1938, was a member of the Soil Conservation Advisory Council ceases to hold office on the repeal of that section and is not entitled to any remuneration or compensation because of the loss of that office.

4.

Repeal of Regulation

5. The Soil Conservation (Catchment Committees) Regulation 1983 is

repealed.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 17 (Areas of erosion hazard)—

After section 17 (8), insert: 

(9) No land in a State forest shall be included in an area of erosion hazard except with the concurrence of the Minister administering the Forestry Act 1916.

(2) Section 21c (Destruction of trees on protected land prohibited except

under authority or by exemption)—

Omit section 21c (2), (3) and (3A), insert instead:

(2) Subsection (1) does not apply to the doing of anything—

(a) exempted from that subsection by the regulations; or

(b) exempted from that subsection by the Board by order published in the Gazette.

Soil Conservation (Amendment) 1988

SCHEDULE 1—AMENDMENTS—continued

(3) Section 2 1 D (Authority to destroy timber on protected land)—

(a) Section 21D (2)— Omit the subsection, insert instead:

(2) An application for an authority under this section shall—

(a) be in a form approved by the Board; and

(b) be accompanied by such fee as may be prescribed by the regulations.

(b) Section 21D (3)— Omit "shall be in the prescribed form and".

(4) Section 23 (Soil Conservation Advisory Council)—

Omit the section.

(5) Sections 23A, 2 3 B —

Omit the sections, insert instead:

Catchment committees

23A. (1) The Minister may constitute such soil conservation

catchment committees as the Minister thinks fit.

(2) Without limiting the generality of subsection (1), the Minister may—

(a)	determine the area in relation to which a catchment committee is to operate; and
(b)	vary the area in relation to which a catchment committee is to operate; and

(c) amalgamate catchment committees; and

(d) suspend the operations of a catchment committee for any

period of time or until further order; and

(e) disband a catchment committee.

(3) A catchment committee shall consist of such members as

are appointed by the Minister.

(4) The Minister may nominate a particular member of a catchment committee to be the chairperson of the committee until a successor is nominated by the Minister.

(5) The Fifth Schedule has effect with respect to the members

and procedure of a catchment committee.

(6) Section 23c (Functions of catchment committee)—

4   Act No. 101

Soil Conservation (Amendment) 1988

SCHEDULE 1— AMENDMENTS—continued

(7) Section 25c (Powers of Corporation with respect to land and

contracts)—

(a)

Section 25c (1) (b)— Australia)".

(b) Section 25c (3), (4)—
After section 25c (2), insert:

(3) If the Corporation enters into a contract under subsection (1) involving the performance of services by a public servant or other employee referred to in section 5—

(a) outside Australia; or
(b) within Australia but outside New South Wales,

the Corporation may (with the consent of that public servant or other employee) vary the conditions of employment (including rates of remuneration) of that public servant or other employee in connection with the performance of those services as the Corporation thinks fit.

(4) Subsection (3) has effect despite anything to the contrary in the Public Sector Management Act 1988 or in any award or industrial agreement.

(8) Section 3 1 A —

After section 31, insert:

Act binds Crown

31A. (1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits,

the Crown in all its other capacities.

(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.

(9) Fifth Schedule-

After the Fourth Schedule, insert:

FIFTH SCHEDULE—PROVISIONS RELATING TO THE MEMBERS

AND PROCEDURE OF CATCHMENT COMMITTEES

(Sec. 23A (5))

Soil Conservation (Amendment) 1988

SCHEDULE 1— AMENDMENTS—continued

Term of office

Subject to this Schedule, a member of a committee shall hold office

for such period as may be specified in the member's instrument of
appointment, but is eligible (if otherwise qualified) for re-appointment.

2.

Reimbursement of expenses

3. A member of a committee may be reimbursed for such reasonable expenses as the Minister may from time to time determine in respect of the member.

Vacancy in office of member

4. (1) The office of a member of a committee becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not re-appointed; or

(c) resigns the office by instrument in writing addressed to the Minister; or

(d) is removed from office by the Minister under this clause.

(2) The Minister may remove a member from office at any time.

Effect of certain other Acts

5. (1) The Public Sector Management Act 1988 docs not apply to the appointment of a member of a committee and a member is not, as a member, subject to that Act (except Part 8).

(2) If by or under any other Act provision is made—

(a)	requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office; or
(b)	prohibiting the person from engaging in employment outside the duties of that office.

the provision does not operate to disqualify the person from holding that

office and also the office of a member of a committee or from accepting and	retaining any money payable to the person under this Schedule as
reimbursement for expenses.
(3) The office of a member of a committee is not, for the purposes of any Act, an office or place of profit under the Crown.
Liability of members etc.

No matter or thing done by a committee, any member of a committee or any person acting under the direction of a committee shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.

6.

General procedure

7.     The procedure for the calling of meetings of a committee and for the

conduct of business at those meetings shall, subject to any direction by the
Minister, be as determined by the committee.

6   Act No. 101

Soil Conservation (Amendment) 1988

SCHEDULE 1— AMENDMENTS—continued

Presiding member

8.      (1) At a meeting of a committee, the chairperson of the committee

or, in the absence of the chairperson, another member elected to chair the

meeting by the members present shall preside.

(2) The person presiding at a meeting of a committee has a deliberative

vote only.

Quorum

9. The quorum for a meeting of a committee is a majority of its

members for the time being.
Voting

10. A decision supported by a majority of the votes cast at a meumg of a committee at which a quorum is present is the decision of ihe committee.

[Minister's second reading speech made in—

Legislative Assembly on 29 November 1988

Legislative Council on 7 December 1988]