Environment),
59 most states had commenced comprehensive environmental law and
policy reform in the areas of water, vegetation, environmental assessment, environment protection, land planning, and pollution management and with a greater focus
on integrated natural resources legislation. The traditional “soil conservation” law
was not a prominent part of this Australia-wide reform, and the eight states reacted as
follows:
• Four states—Queensland, New South Wales, Western Australia and Northern
Territory, have retained specific soil conservation laws, but have introduced
additional, integrated natural resource management laws that carry many soil
conservation functions.
• Two states—Victoria and South Australia abolished their specific soil conservation laws and introduced comprehensive integrated natural resources law, making
provision for soil conservation issues as a general component of broad natural
resource management activity.
• The Australian Capital Territory previously did not have a specific soil conservation law, but a Soil Conservation Ordinance, introduced in 1960. Now, soil
conservation responsibilities are part of a comprehensive environmental regime
which includes the Environment Protection Act 1997, the Land (Planning and
Environment) Act 1991 and the Planning and Land Act 2001.
• The State of Tasmania has never had a soil conservation instrument. The Natural
Resource Management Act 2002 is responsible for land and water management.
Despite the growth of integrated natural resource laws, the specific soil conservation laws of Category 1 have many elements that remain important to achieve the
general objective of soil conservation, and therefore, the broader environmental
agenda. However, it must be recognised that, alone, these specific laws do not
have the full range of environmental law elements required to fully achieve the
environmental objectives of soil conservation—as sought under the main national
and State environmental and conservation strategies.
Some of the key elements of the four current specific soil conservation laws
include
60
• Provision to set up some form of “soil” institution.
• The appointment of a departmental head.
• The establishment of advisory committees.
• Soil conservation planning provisions (soil survey, farm water supplies, catchment planning and farm planning).
• The establishment of soil conservation schemes of works (practical soil and farm
water conservation projects).
• The development of agreements between the State and individuals to implement
soil conservation works (usually providing some form of financial assistance).
59 Australia (1992a).
60 Bradsen (1988); Hannam and Boer (2002) Section 4, p. 33.
Soil Legislation in Australia
197
59 most states had commenced comprehensive environmental law and
policy reform in the areas of water, vegetation, environmental assessment, environment protection, land planning, and pollution management and with a greater focus
on integrated natural resources legislation. The traditional “soil conservation” law
was not a prominent part of this Australia-wide reform, and the eight states reacted as
follows:
• Four states—Queensland, New South Wales, Western Australia and Northern
Territory, have retained specific soil conservation laws, but have introduced
additional, integrated natural resource management laws that carry many soil
conservation functions.
• Two states—Victoria and South Australia abolished their specific soil conservation laws and introduced comprehensive integrated natural resources law, making
provision for soil conservation issues as a general component of broad natural
resource management activity.
• The Australian Capital Territory previously did not have a specific soil conservation law, but a Soil Conservation Ordinance, introduced in 1960. Now, soil
conservation responsibilities are part of a comprehensive environmental regime
which includes the Environment Protection Act 1997, the Land (Planning and
Environment) Act 1991 and the Planning and Land Act 2001.
• The State of Tasmania has never had a soil conservation instrument. The Natural
Resource Management Act 2002 is responsible for land and water management.
Despite the growth of integrated natural resource laws, the specific soil conservation laws of Category 1 have many elements that remain important to achieve the
general objective of soil conservation, and therefore, the broader environmental
agenda. However, it must be recognised that, alone, these specific laws do not
have the full range of environmental law elements required to fully achieve the
environmental objectives of soil conservation—as sought under the main national
and State environmental and conservation strategies.
Some of the key elements of the four current specific soil conservation laws
include
60
• Provision to set up some form of “soil” institution.
• The appointment of a departmental head.
• The establishment of advisory committees.
• Soil conservation planning provisions (soil survey, farm water supplies, catchment planning and farm planning).
• The establishment of soil conservation schemes of works (practical soil and farm
water conservation projects).
• The development of agreements between the State and individuals to implement
soil conservation works (usually providing some form of financial assistance).
59 Australia (1992a).
60 Bradsen (1988); Hannam and Boer (2002) Section 4, p. 33.
Soil Legislation in Australia
197