The Category 1 specialist soil conservation laws contain a wide range of provisions to implement practical soil conservation. They have a range of duties, powers
and functions that enable the formation of committees, advisory groups, to undertake
research, experimentation, education, financial arrangements, land use planning,
land management, and legal enforcement. However, due to the growth of the
environmental movement in Australia over the past thirty years, the specialist “single
issue” natural resource laws (e.g. soil conservation, water, forestry) have either been
superseded by comprehensive integrated resource laws and only used to guide
practical conservation, or repealed and their main functions incorporated within a
comprehensive integrated resource law. In this regard, it is the Category 2 system of
legislation in Australia that now performs the major legislative responsibilities for
soil conservation, as part of their broad role in environmental management. This
situation is a direct outcome of the changing role and perception of environmental
law in Australia, which has largely come about through the increasing intervention
of the community and public participation in the management of the environment.
8
This approach is more effective in being able to manage the total environment, and
government authorities in all jurisdictions have been reorganised so that no
Australian jurisdiction now has a specialist soil conservation authority. Soil conservation activities have become the responsibility of multidisciplinary organisations
with integrated resource management responsibilities. In this context, decisions
about the utilisation of soil resources are made in an ecosystem context. The
Category 3 laws provide an important role in supporting the soil conservation
objective in the areas of bushfire management, mining, forestry, agricultural tenancy
and primary industry funding, for example.
One of the main characteristics in the management of natural resources in
Australia is the level to which international environmental strategies are used in
the development of Australia’s grand strategy for environmental management,
including their use in framing natural resources laws. This approach has led to a
more equitable allocation of financial and human resources in the control of soil
degradation and biodiversity management under major national programs, e.g. the
National Soil Conservation Program of the 1980s and the Natural Heritage Trust
introduced in 1997. It has also influenced the formation of major environmental laws
such as the Water Act 2007 (Murray-Darling Basin) and the National Environment
Protection Council Act 1994, which are “mirrored” at the state level. The Australian
situation clearly shows the changing relationships between the national and state
level of government in the management of natural resources. Although the
Australian Constitution makes no specific provision for environmental issues, and
the Commonwealth government had no direct role in soil conservation for many
years, by necessity, as these issues became more ecologically, administratively,
financially and economically complex, there has been a need to change nationalstate relations in environmental management. From a legislative perspective, the law
must evolve and adapt to meet the above types of changes. In the Australian case, the
8 Bates (2016).
Soil Legislation in Australia
183
and functions that enable the formation of committees, advisory groups, to undertake
research, experimentation, education, financial arrangements, land use planning,
land management, and legal enforcement. However, due to the growth of the
environmental movement in Australia over the past thirty years, the specialist “single
issue” natural resource laws (e.g. soil conservation, water, forestry) have either been
superseded by comprehensive integrated resource laws and only used to guide
practical conservation, or repealed and their main functions incorporated within a
comprehensive integrated resource law. In this regard, it is the Category 2 system of
legislation in Australia that now performs the major legislative responsibilities for
soil conservation, as part of their broad role in environmental management. This
situation is a direct outcome of the changing role and perception of environmental
law in Australia, which has largely come about through the increasing intervention
of the community and public participation in the management of the environment.
8
This approach is more effective in being able to manage the total environment, and
government authorities in all jurisdictions have been reorganised so that no
Australian jurisdiction now has a specialist soil conservation authority. Soil conservation activities have become the responsibility of multidisciplinary organisations
with integrated resource management responsibilities. In this context, decisions
about the utilisation of soil resources are made in an ecosystem context. The
Category 3 laws provide an important role in supporting the soil conservation
objective in the areas of bushfire management, mining, forestry, agricultural tenancy
and primary industry funding, for example.
One of the main characteristics in the management of natural resources in
Australia is the level to which international environmental strategies are used in
the development of Australia’s grand strategy for environmental management,
including their use in framing natural resources laws. This approach has led to a
more equitable allocation of financial and human resources in the control of soil
degradation and biodiversity management under major national programs, e.g. the
National Soil Conservation Program of the 1980s and the Natural Heritage Trust
introduced in 1997. It has also influenced the formation of major environmental laws
such as the Water Act 2007 (Murray-Darling Basin) and the National Environment
Protection Council Act 1994, which are “mirrored” at the state level. The Australian
situation clearly shows the changing relationships between the national and state
level of government in the management of natural resources. Although the
Australian Constitution makes no specific provision for environmental issues, and
the Commonwealth government had no direct role in soil conservation for many
years, by necessity, as these issues became more ecologically, administratively,
financially and economically complex, there has been a need to change nationalstate relations in environmental management. From a legislative perspective, the law
must evolve and adapt to meet the above types of changes. In the Australian case, the
8 Bates (2016).
Soil Legislation in Australia
183