5.2 Category 2 Main Supporting Legislation to Soil
Conservation Objectives
The investigation of the Australian legal database indicates that there are at least
102 individual laws across the nine jurisdictions that have an essential role in
achieving the soil conservation objective. The legislation in this category includes
the natural resource laws that establish primary standards, rules, planning, evaluation, policy-making, and auditing and compliance mechanisms for all aspects of
environmental management in Australia. Under these arrangements, soil conservation legislation has a supplementary role in providing the basic standards for soil
conservation activities and functions as a key part of this overall environmental
management regime in Australia.
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5.2.1 Category 2 Laws: Commonwealth Level
At the Commonwealth level, the main supporting laws relevant to soil conservation
include:
• National Environment Protection Council Act 1994.
• National Environment Protection Measures (Implementation) Act 1998.
• Environment Protection and Biodiversity Conservation Act 1999.
• Natural Heritage Trust of Australia Act 1997.
• Natural Resources Management (Financial Assistance) Act 1992.
• Water Act 2007.
• Climate Change Authority Act 2011.
64
5.2.2 National Protection of the Environment and Biodiversity
The Commonwealth Environment Protection and Biodiversity Conservation Act
1999 and the Natural Heritage Trust of Australia Act 1997 are important Commonwealth laws relevant to national soil conservation objectives. In particular, the
63 Hannam (2006), the objectives of each individual law in Category 2 are summarized in Appendix 2.
64 Under Section 11(c), the Climate Change Authority can conduct research about matters relating to
climate change. Further, under the Carbon Credits (Carbon Farming Initiative) Act (2011), and
Section 3 (2). The first object of this Act is to remove greenhouse gases from the atmosphere, and
avoid emissions of greenhouse gases, in order to meet Australia’s obligations under any or all of the
following: (a) the Climate Change Convention; (b) the Kyoto Protocol; (c) an international
agreement (if any) that is the successor (whether immediate or otherwise) to the Kyoto Protocol.
(3) The second object of this Act is to create incentives for people to carry on certain offsets
projects. (4) The third object of this Act is to increase carbon abatement in a manner that: (a) is
consistent with the protection of Australia’s natural environment; and (b) improves resilience to the
effects of climate change.
Soil Legislation in Australia
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