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Soil Conservation Act 1986 – 20 September 2010

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Soil Conservation Act 1986 – 20 September 2010

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A regulation may provide that a local government must not, without the government’s consent, approve a plan of subdivision of land specified in the regulation, if the land is the subject of an approved plan (soil conversation property plan or soil conservation project plan). Note: Currently there are no regulations in existence for this Act.

  • Sections 5, 6

An owner may make application to the government for approval of a property plan for soil conservation for an area of land owned by the owner. A property plan shall delineate the boundaries of the subject land and comprise a map and specifications which describe all soil conservation measures, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or of controlling or directing run-off water flow or for any over purpose within the scope of this Act. Where a property plan is approved, the government shall give written notice of that approval together with a copy of the approved plan to the owner, or the occupier, of the subject land and any affected land; and the local government for the area in which the subject land and any affected land is situated. A person whose estate or interest in land is injuriously affected by the coming into force, amendment or revocation of the approval of an approved plan or by an act done or omitted to be done under an approved plan shall be entitled to be paid compensation by the government – see section 28 of the Act. For the definition of ‘soil conservation’, refer to section 6 of the Act.

  • Sections 6, 10, 12, 21, 24, 28,29, 30, 31, 33

Where the government is of the opinion that the discharge or receipt of run-off water onto or across a property boundary is not in accordance with an approved property plan, the government may give a run-off coordination notice to the owner, or the occupier, of the land from or on which the run-off water is being discharged or received, as the case may be. A run-off coordination notice may require the person to whom it is given to: remove, alter or repair a bank, channel, ditch, vegetation or thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from construction, excavation or accumulation of the bank, channel, ditch, vegetation or thing; and/or undertake, construct, excavate or maintain such soil conservation measures as are specified in the plan.

  • Section 11

The government may, in accordance with an approved ‘project plan’, give a soil conservation order to an owner, or the occupier, within the project area requiring that person to undertake, construct and maintain in or on the person’s land the soil conservation measures specified in the order. A soil conservation order binds not only the owner, or the occupier, to whom it is given but also every other person who subsequently becomes the owner, or the occupier, of the land in question whether or not he or she had or would be deemed in law to have had notice of the existence of the order.

  • Section 17
Reason for law

To facilitate the implementation of soil conservation measures by landholders for the mitigation of soil erosion. (Long title of Act)

Relevant links

Environment and pollution laws [Queensland Government]

Critique

Sections 6, 32 and 37 of the Act contain the term ‘Crown’. This term may be replaced with a modern alternative.

Section 37 of the Act contains the term ‘bona fide’. This phrase may not be understood by members of the public.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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