wheat growers as early as the 1930s. Recognition was given in 1974–75 for grants
for soil conservation purposes, conditional on the States agreeing to participate in the
Soil Conservation Collaborative Study. The states were also funded for the National
Soil Conservation Project, which was the major outcome of the Collaborative
Study.
46
5 Categorization of Australian Laws Relevant to Soil
Conservation
An investigation of the Australian legal database determines that there are around
204 consolidated laws in the nine Australian jurisdictions that are relevant to soil
conservation. Of these, 12 are in the Commonwealth jurisdiction and 192 in the
states. The 204 laws are categorised into three classes, depending on their assessed
role in soil conservation activity.
47 The three categories are
• Principal soil conservation laws.
• Main supporting legislation to the soil conservation objective.
• General support legislation to the soil conservation objective.
Table 1 is a breakdown of the laws according to the nine jurisdictions.
48
By the early 1990s, in keeping with the processes of the Intergovernmental
Agreement on the Environment, most States had commenced comprehensive environmental law and policy reform in the areas of water, vegetation, environmental
assessment, land planning, and pollution management, with a major focus on
integrated natural resources legislation. Although a number of States still have a
specific “soil conservation” law, most of which are more than 30 years old,
49 the
growing trend has been to either abolish the original laws and absorb soil conservation responsibilities within various forms of integrated natural resource laws or to
create new, additional, comprehensive integrated natural resources law that make
provision for soil conservation as a more general form of resource management
activity. From the analysis, the main characteristic of the existing legal system for
soil conservation in Australia is that each jurisdiction has a number of primary
46 Collaborative Study (1978a) Report 1, A Basis for Soil Conservation Policy in Australia.
47 The respective laws in the three categories contain legal rules (a rule externally compels a person,
through force, threat or punishment, to do the things that the respective governments have deemed
good or right in terms of soil conservation) and principles (to motivate people to do the things that
seem good and right in terms of soil conservation. Further, various laws provide for the development of programs (a plan, action or schedule of activities, procedures, etc., to be followed that will
achieve soil conservation).
48 Original table was from Hannam (2006) but updated in 2018.
49 Queensland Soil Conservation Act 1986; New South Wales Soil Conservation Act 1938; Western
Australian Soil and Land Conservation Act 1945; Northern Territory Soil Conservation and Land
Utilisation Act 1980.
Soil Legislation in Australia
193
for soil conservation purposes, conditional on the States agreeing to participate in the
Soil Conservation Collaborative Study. The states were also funded for the National
Soil Conservation Project, which was the major outcome of the Collaborative
Study.
46
5 Categorization of Australian Laws Relevant to Soil
Conservation
An investigation of the Australian legal database determines that there are around
204 consolidated laws in the nine Australian jurisdictions that are relevant to soil
conservation. Of these, 12 are in the Commonwealth jurisdiction and 192 in the
states. The 204 laws are categorised into three classes, depending on their assessed
role in soil conservation activity.
47 The three categories are
• Principal soil conservation laws.
• Main supporting legislation to the soil conservation objective.
• General support legislation to the soil conservation objective.
Table 1 is a breakdown of the laws according to the nine jurisdictions.
48
By the early 1990s, in keeping with the processes of the Intergovernmental
Agreement on the Environment, most States had commenced comprehensive environmental law and policy reform in the areas of water, vegetation, environmental
assessment, land planning, and pollution management, with a major focus on
integrated natural resources legislation. Although a number of States still have a
specific “soil conservation” law, most of which are more than 30 years old,
49 the
growing trend has been to either abolish the original laws and absorb soil conservation responsibilities within various forms of integrated natural resource laws or to
create new, additional, comprehensive integrated natural resources law that make
provision for soil conservation as a more general form of resource management
activity. From the analysis, the main characteristic of the existing legal system for
soil conservation in Australia is that each jurisdiction has a number of primary
46 Collaborative Study (1978a) Report 1, A Basis for Soil Conservation Policy in Australia.
47 The respective laws in the three categories contain legal rules (a rule externally compels a person,
through force, threat or punishment, to do the things that the respective governments have deemed
good or right in terms of soil conservation) and principles (to motivate people to do the things that
seem good and right in terms of soil conservation. Further, various laws provide for the development of programs (a plan, action or schedule of activities, procedures, etc., to be followed that will
achieve soil conservation).
48 Original table was from Hannam (2006) but updated in 2018.
49 Queensland Soil Conservation Act 1986; New South Wales Soil Conservation Act 1938; Western
Australian Soil and Land Conservation Act 1945; Northern Territory Soil Conservation and Land
Utilisation Act 1980.
Soil Legislation in Australia
193