Commonwealth has, in effect, taken a national coordinating and backstopping role,
including
• A major role in the formulation of national natural resources management policy,
including soil conservation policy.
• Providing a national coordinating administrative role (e.g. Australian Standing
Committee on Soil Conservation—formed in the 1950s; National Soil Conservation Program—formed in 1983.
• Implementing the Natural Heritage Trust Program of 1997.
• Taking a major role in research (e.g. National Collaborative Study on Soil
Conservation 1975-77
42 ; under the Natural Heritage Trust 1997).
• Providing substantial financial assistance (e.g. through grants, loan money,
National Soil Conservation Program).
43
• Implementing the national Landcare program and Caring for Country Program.
4.4 Commonwealth Legislative Powers Relevant to Soil
Conservation
While the Commonwealth has taken a prominent role in national policy, coordination and strategic aspects of soil conservation, over the years, various specific
powers under the Constitution have been utilised in the interests of soil conservation
and land degradation control. The taxation power has been used to allow taxation
deductions for soil conservation since the 1940s.
44 This power could be used more
positively to offer rebates or set differential rates of tax, including high rates of tax
for activities which degrade the soil. The power to legislate with respect to bounties
could be used to similar effect to that of tax deductions or rebates. Bounties can be
paid on equipment or other inputs which are used to promote soil conservation.
45
Banks (which are a specific type of financial corporation; sections 51(13) insurance;
and 51(14) banking, of the Constitution) can be required to take into consideration
the provision of soil conservation in lending, or to give interest rate advantages to
land users to help control the effects of soil degradation, drought and flooding.
Section 96 of the Constitution is a significant source of Commonwealth influence
in the context of soil conservation activities and soil management. The Commonwealth can make grants to the states, giving it overwhelming dominance over the
raising of public money whether by way of direct and indirect taxation or loans.
Section 96 grants have a long history of use in the agricultural area, subsidising
42 Collaborative Study (1978a) Report 3 Towards a National Approach to Land Resource Appraisal;
Report 12, A Register of Current Australian Soil Conservation Research.
43 E.g. Commonwealth Natural Resources Management (Financial Assistance) Act 1992.
44 The Constitution Section 51(2).
45 The Constitution Section 51(3).
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