Purpose:

This legislation aims to conserve soil and land resources and mitigate the effects of erosion, salinity, and flooding.

Objectives:

• To prevent and mitigate land degradation.
• To promote soil conservation.
• To encourage landholders and the public to utilise land in a manner that prevents and mitigates land degradation and promotes soil conservation.
• To educate landholders and the public in the objects and practice of soil conservation.
• To carry out surveys and investigations to ascertain the nature and extent of land degradation throughout the State.
• To investigate and design preventive and remedial measures in respect of land degradation.
• To advise the Minister as to the condition of soil and land resources, and to make recommendations on land use, soil and land conservation policy, and implementation programmes.
• To coordinate, monitor, and review soil and land conservation programmes and activities.
• To coordinate the establishment of, and activities within, land conservation districts.

Key Provisions:

• Establishment of the Commissioner of Soil and Land Conservation to administer the Act and perform functions related to land degradation prevention, soil conservation promotion, and coordination with government departments.
• Constitution of the Soil and Land Conservation Council to advise the Minister, coordinate programmes, and assist the Commissioner.
• Creation of Land Conservation Districts and district committees with functions to manage projects, carry out works, review land conditions, and develop conservation programmes.
• Authority for the Minister to impose rates or service charges on land within land conservation districts to meet the cost of soil conservation services.
• Provisions for the declaration and management of Soil Conservation Reserves to conserve soil and land and prevent injury to other land.
• Implementation of Conservation Covenants and Agreements to Reserve, which bind land owners/occupiers to set land aside for vegetation protection and management.
• Issuance and enforcement of Soil Conservation Notices by the Commissioner to direct land management practices to prevent or mitigate land degradation.
• Powers to make regulations prohibiting or regulating land use practices, clearing, and fire lighting in conservation districts to prevent land degradation.

Evidence of Compliance Requirements For Agricultural Organisations:

• Adherence to Approved Codes of Practice for Commercial Plantation Harvest:
  • Organisations conducting commercial harvest of plantation products for a commercial purpose must ensure the harvest is done in accordance with a code of practice approved by the Commissioner and published in the Gazette. (Section 4A(2))
• Compliance with Regulations in Land Conservation Districts:
  • Organisations must comply with any regulations made under the Act for land conservation districts. These regulations may prohibit or regulate the lighting of fires, the clearing or destruction of trees, shrubs, plants, or grasses, any change in land use, or the use of land for agricultural or pastoral purposes. They may also require specific acts or things to be done to prevent or mitigate land degradation or promote soil conservation, and prohibit acts that may facilitate land degradation.
  • Contravention of such regulations is an offence subject to a fine not exceeding $2,500. (Section 22(2), (4))
• Payment of Soil Conservation Rates or Service Charges:
  • Owners of land that is rateable in a local government district and is located within a land conservation district (or part thereof) are required to pay assessed soil conservation rates or service charges.
  • Notice of assessment for these rates or charges will be served on the person liable, and payment is due 30 days after the notice is served.
  • The administrative costs of imposing and collecting these rates or service charges are to be met from the funds collected in that district. (Sections 25A, 25B(2), 25B(2a), 25B(8))
  • Money raised from a service charge can only be used to meet the cost of providing the specific soil conservation service for which it was imposed. If more money is raised than required, a proportionate refund must be made to the land owner who paid the charge. (Section 25AA(1), (2), (3))
• Compliance with Conservation Covenants and Agreements to Reserve:
  • Organisations that are owners or occupiers of land subject to a registered conservation covenant or an agreement to reserve must ensure the land is maintained for the protection and management of vegetation as specified in the instrument. (Sections 30B(1), 30C(1))
  • The organisation must enter into a written instrument with the Commissioner, and the written consent of each owner or occupier of the land is required for such an instrument. (Section 30B(1), (3)(b))
  • Reporting Requirement: Before agreeing with another person to succeed in ownership or occupation of the affected land, the current owner or occupier must provide written notification to the prospective successor of the content of the covenant or agreement and the fact that it will be binding on them. (Section 30D(a))
  • Reporting Requirement & Timeframe: Within 14 days after ceasing to be an owner or occupier, the organisation must notify the Commissioner in writing of that cessation and provide the name and address of each person who succeeds them in ownership or occupation. Failure to comply is subject to a fine not exceeding $2,000. (Section 30D(b))
  • Organisations bound by an agreement to reserve may apply in writing to the Commissioner to have the agreement discharged. (Section 30E(2))
• Compliance with Soil Conservation Notices:
  • Organisations (owners, occupiers, or other persons specified in the notice) must comply with directions in a soil conservation notice served by the Commissioner. These directions may include:
    • Adopting or refraining from adopting specified agricultural or pastoral methods.
    • Refraining from clearing any specified land.
    • Refraining from destroying, cutting down, or injuring any tree, shrub, grass, or other plant on specified land.
    • Taking specified action for preventing the erosion, drift, or movement of sand, soil, dust, or water on or from specified land.
  • The notice may specify a period within which or for the duration of which these things must be done. (Section 32(1), (2))
  • Non-compliance with a soil conservation notice is an offence liable to a penalty not exceeding $3,000, with a further offence for continued non-compliance.
  • Obstruction or hindrance of the Commissioner or their assistants in carrying out required works is an offence with a fine not exceeding $2,000.
  • If an organisation fails to comply, the Commissioner may carry out the required works, and the incurred expense becomes a debt due to the Crown, recoverable by the Attorney General. This expense, together with interest (not exceeding 4% per annum), becomes a first charge on the land upon registration of a memorial. (Sections 35(2), (2a), (4), (5), 36(1D))
  • Reporting Requirement: If a soil conservation notice’s memorial is registered, owners/occupiers must provide written notification to prospective successors of the notice’s content and its binding nature before transfer of ownership or occupation. (Section 34B(a))
  • Reporting Requirement & Timeframe: Within 14 days after ceasing to be an owner or occupier, the organisation must notify the Commissioner in writing of that cessation and provide the name and address of each person who succeeds them. Failure to comply is subject to a fine not exceeding $2,000. (Section 34B(b))
  • Organisations bound by a soil conservation notice may apply in writing to the Commissioner for its discharge. (Section 38(2))
• Restrictions on Activities in Soil Conservation Reserves:
  • Organisations must not, without the consent of the Minister, light any fire, remove/injure any plant, place or permit animals, or injuriously interfere with the land within a soil conservation reserve.
  • Contravention is an offence subject to a fine not exceeding $2,000, and a further penalty may be imposed equal to the value of damage done and twice the market value of any unlawfully cut timber. (Section 28(1), (2))
• Prohibition on Interference with or Damage to Works:
  • Organisations must not interfere with or damage any structure, plantation, breakwind, or vegetable cover placed or planted on any land as part of or in connection with any work carried out under this Act, unless authorised by the Commissioner.
  • Contravention is an offence subject to a fine not exceeding $1,000, and the offender is liable for any loss or damage caused. (Section 42(1), (2))
• Prior Notification for Vegetation Damage (Potential Regulation):
  • Regulations may be made requiring the owner or occupier of land to give prior notification in writing to the Commissioner of their intent to cut down, clear, destroy, or otherwise damage trees, shrubs, grass, or any other plants on any land. (Section 48(2)(q))
• Inspection Requirements:
  • The Commissioner or any authorised officer or employee may enter any land to make surveys, place marks, and carry out investigations (including taking soil specimens). Such entry requires at least 7 days’ written notice to the owner or occupier, or reasonable notice in the circumstances. The Commissioner or officer must be furnished with an authority card. (Section 21(1), (1a), (2), (4))
  • Obstruction or hindrance of such entry is an offence subject to a fine not exceeding $1,000. (Section 21(5))
  • For purposes of rate or service charge assessment and collection, the Minister, any authorised person, the chief executive officer, or any member of a district advisory committee may inspect the rate record kept by the local government. (Section 25B(7))

Metadata Keywords:

Soil Conservation, Land Degradation, Western Australia, Agricultural Legislation, Environmental Protection, Land Management, Salinity, Erosion, Flooding, Conservation Covenants.

Publication Information:

As at 14 May 2024, Official Version.

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_47148.pdf/$FILE/Soil%20And%20Land%20Conservation%20Act%201945%20-%20%5B09-h0-00%5D.pdf?OpenElement →