• Western Australian introduced the Conservation and Land Management Act in
1984.
54
• South Australia introduced the Natural Resources Management Act in 2004.
55
• Tasmania introduced the Natural Resource Management Act in 2002.
56
Examination of the individual laws in the three categories of legislation relevant
to soil conservation indicates that there are numerous legal and legal-based mechanisms that enable soil conservation activities. There are many instruments that are
applied for a specific soil conservation activity (e.g. construction of farm water
supplies, soil conservation works program), but there are also many instruments
that are applied for a particular environmental management function that has a major
benefit for soil conservation (e.g. a reforestation program; reclamation of a mining
area; protecting vegetation associations as habitat of an endangered species).
5.1 Category 1: Principal Soil Conservation Legislation
The investigation of the Australian legal database indicates that there are 10 individual laws across the nine jurisdictions that have an essential role in achieving the soil
conservation objective. Legislation in this category includes the specific, traditional,
soil conservation laws, and a few more recently introduced integrated natural
resource laws in particular States where these laws have replaced the former specific
soil conservation law.
57 Australia has a long history of legislation for the express
purpose of soil conservation.
58 Each Australian state (except the small island State of
Tasmania which has never had a specific soil conservation law of any form) has had
some form of soil conservation law from the early 1930s to at least the 1980s. These
laws were used with varying degrees of success, mainly dependent upon the
prominence that agricultural production has played in the macro-economic development of Australia. By the early 1990s, in keeping with the national agenda of
environmentalism (consolidated in the nation’s Intergovernmental Agreement on the
54 This law operates jointly with the Western Australia Soil and Land Conservation Act 1945.
55 South Australia introduced a Sand Drift Act in 1923, followed by the Soil Conservation Act in
1939, the Soil Conservation and Land Care Act in 1989 (in conjunction with the Pastoral Land
Management and Conservation Act of 1989), and finally, the Natural Resources Management
Act 2004.
56 Under Section 3 of this law, “natural resource management” means management of any activity
that uses, develops or conserves (a) air, water, land, plants, animals and micro-organisms; and
(b) the systems they form; under Schedule 1 of this law, the objectives of the resource management
and planning system is to provide for the fair, orderly and sustainable use and development of air,
land and water.
57 Hannam (2006), the objectives of each individual law in Category 3 are summarised in Appendix 2.
58 Bradsen (1988) and Hannam (2000, 2006).
196
I. Hannam
1984.
54
• South Australia introduced the Natural Resources Management Act in 2004.
55
• Tasmania introduced the Natural Resource Management Act in 2002.
56
Examination of the individual laws in the three categories of legislation relevant
to soil conservation indicates that there are numerous legal and legal-based mechanisms that enable soil conservation activities. There are many instruments that are
applied for a specific soil conservation activity (e.g. construction of farm water
supplies, soil conservation works program), but there are also many instruments
that are applied for a particular environmental management function that has a major
benefit for soil conservation (e.g. a reforestation program; reclamation of a mining
area; protecting vegetation associations as habitat of an endangered species).
5.1 Category 1: Principal Soil Conservation Legislation
The investigation of the Australian legal database indicates that there are 10 individual laws across the nine jurisdictions that have an essential role in achieving the soil
conservation objective. Legislation in this category includes the specific, traditional,
soil conservation laws, and a few more recently introduced integrated natural
resource laws in particular States where these laws have replaced the former specific
soil conservation law.
57 Australia has a long history of legislation for the express
purpose of soil conservation.
58 Each Australian state (except the small island State of
Tasmania which has never had a specific soil conservation law of any form) has had
some form of soil conservation law from the early 1930s to at least the 1980s. These
laws were used with varying degrees of success, mainly dependent upon the
prominence that agricultural production has played in the macro-economic development of Australia. By the early 1990s, in keeping with the national agenda of
environmentalism (consolidated in the nation’s Intergovernmental Agreement on the
54 This law operates jointly with the Western Australia Soil and Land Conservation Act 1945.
55 South Australia introduced a Sand Drift Act in 1923, followed by the Soil Conservation Act in
1939, the Soil Conservation and Land Care Act in 1989 (in conjunction with the Pastoral Land
Management and Conservation Act of 1989), and finally, the Natural Resources Management
Act 2004.
56 Under Section 3 of this law, “natural resource management” means management of any activity
that uses, develops or conserves (a) air, water, land, plants, animals and micro-organisms; and
(b) the systems they form; under Schedule 1 of this law, the objectives of the resource management
and planning system is to provide for the fair, orderly and sustainable use and development of air,
land and water.
57 Hannam (2006), the objectives of each individual law in Category 3 are summarised in Appendix 2.
58 Bradsen (1988) and Hannam (2000, 2006).
196
I. Hannam