regarded as excellent quality, and 70% of Australia is comprised of soil not usable
for agriculture.
33 Although soil conservation law has existed in Australia for around
80 years, many state laws lacked specific objectives and targets to reduce soil
degradation and many, unlike the modern environmental laws, had restricted powers
to deal with issues like soil and water salinity, addressing nutrient loss, and managing toxic soils. The early laws had several basic characteristics in common, including
administrative features, powers, duties and functions, interagency relationships,
cooperation and coordination, objectives, land use planning, and financial assistance
provisions. The South Australian Soil Conservation and Land Care Act of 1989
34
was an exception, as it contained provisions for a land capability-based approach to
land use and land degradation control. When viewed as a specific group or class of
environmental law in Australia, soil conservation law, by comparison to other types
of environmental law (e.g. forests, endangered species, environmental planning)
does not have an ecological-based strategy. The legislation is characterized by
provisions that concentrate on practical land management measures to “protect”
agriculture, rather than provisions that can adequately determine the ecological
constraints of natural resources and take sustainable land use action. The major
attitudinal change that took place in Australia from the 1990s has resulted in a
holistic approach to understanding and managing the Australian environment,
including the introduction of modern ecological principles and provisions that are
able to assess the ecological limitations of the soil environment and is based on
sharing the responsibility for soil conservation between public and private
interests.
35
4 Commonwealth Level
Australia is a federation of six states and two territories. In general, the responsibility
for land use decision-making and hence, historically, environmental protection, has
lain with state governments. When the Commonwealth of Australia Constitution Act
was passed in 1900, environmental protection was not an issue which occupied the
minds of the legislators, and since then proposals to insert an “environmental” head
of power into the Constitution via a referendum have not been pursued. There are
33 The Australian Soil Resource Information System provides access to information and data
products for a number of themes. Themes are developed to assist users to quickly view data of a
topic of interest without having to negotiate the many data layers on the ASRIS maps page. Nutrient
Management, Atlas of Australian Soils, Physiographic Regions of Australia, Acid Sulfate Soils and
Crop Modelling are available.
34 The 1989 law was repealed and the soil and water conservation provisions were replaced by the
introduction of the Natural Resources Management Act 2004.
35 E.g. the New South Wales Local Land Services Act 2013; Section 36 provides for the preparation
of the state strategic plan which sets the vision, priorities and overarching strategy for local land
services in the state, with a focus on appropriate economic, social and environmental outcomes.
Soil Legislation in Australia
189
for agriculture.
33 Although soil conservation law has existed in Australia for around
80 years, many state laws lacked specific objectives and targets to reduce soil
degradation and many, unlike the modern environmental laws, had restricted powers
to deal with issues like soil and water salinity, addressing nutrient loss, and managing toxic soils. The early laws had several basic characteristics in common, including
administrative features, powers, duties and functions, interagency relationships,
cooperation and coordination, objectives, land use planning, and financial assistance
provisions. The South Australian Soil Conservation and Land Care Act of 1989
34
was an exception, as it contained provisions for a land capability-based approach to
land use and land degradation control. When viewed as a specific group or class of
environmental law in Australia, soil conservation law, by comparison to other types
of environmental law (e.g. forests, endangered species, environmental planning)
does not have an ecological-based strategy. The legislation is characterized by
provisions that concentrate on practical land management measures to “protect”
agriculture, rather than provisions that can adequately determine the ecological
constraints of natural resources and take sustainable land use action. The major
attitudinal change that took place in Australia from the 1990s has resulted in a
holistic approach to understanding and managing the Australian environment,
including the introduction of modern ecological principles and provisions that are
able to assess the ecological limitations of the soil environment and is based on
sharing the responsibility for soil conservation between public and private
interests.
35
4 Commonwealth Level
Australia is a federation of six states and two territories. In general, the responsibility
for land use decision-making and hence, historically, environmental protection, has
lain with state governments. When the Commonwealth of Australia Constitution Act
was passed in 1900, environmental protection was not an issue which occupied the
minds of the legislators, and since then proposals to insert an “environmental” head
of power into the Constitution via a referendum have not been pursued. There are
33 The Australian Soil Resource Information System provides access to information and data
products for a number of themes. Themes are developed to assist users to quickly view data of a
topic of interest without having to negotiate the many data layers on the ASRIS maps page. Nutrient
Management, Atlas of Australian Soils, Physiographic Regions of Australia, Acid Sulfate Soils and
Crop Modelling are available.
34 The 1989 law was repealed and the soil and water conservation provisions were replaced by the
introduction of the Natural Resources Management Act 2004.
35 E.g. the New South Wales Local Land Services Act 2013; Section 36 provides for the preparation
of the state strategic plan which sets the vision, priorities and overarching strategy for local land
services in the state, with a focus on appropriate economic, social and environmental outcomes.
Soil Legislation in Australia
189