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Notices on Properties under the Soil and Land Conservation Act 1945
Department of Primary Industries and Regional Development
The Commissioner of Soil and Land Conservation may issue a Soil Conservation Notice (SCN) under s32 of the Soil and Land Conservation Act 1945, directing landholders to take measures to prevent and mitigate land degradation or, enter an agreement with a landholder to set aside land for the protection and management of vegetation. These notices and agreements are binding on current and subsequent owners and occupiers.
The Department of Primary Industries and Regional Development (DPIRD), through the Commissioner of Soil and Land Conservation, administers the Soil and Land Conservation Act 1945. Under the Act and the Soil and Land Conservation Regulations (1992), the Commissioner may restrict owners and occupiers of land from undertaking agricultural practices that may cause on-site or off-site land degradation. Land degradation includes soil erosion, salinity, eutrophication, flooding and the removal or deterioration of natural or introduced vegetation, that may be detrimental to the present or future use of the land.
The Commissioner may issue a Soil Conservation Notice (SCN) whenever they are of the opinion that a person has adopted or is likely to adopt agricultural or pastoral practices that may cause, or has failed to take adequate precautions to prevent, salinity, erosion or flooding or any land degradation occurring on that land or elsewhere. A SCN binds each person on whom it is served and each successive owner or occupier of the land to which the SCN relates.
A person who objects to a SCN served upon him may apply to the State Administrative Tribunal for a review of the decision of the Commissioner to issue the notice. A person subject to a SCN in effect may apply from time to time to the Soil Commissioner to have it discharged. A SCN may be discharged by the Commissioner if the SCN has been fully complied with, is no longer necessary, or some other just cause exists.
The Act also allows landholders to achieve statutory protection for vegetation through a conservation covenant or agreement to reserve that may have effect for a specified period of time or in perpetuity. A "conservation covenant" is irrevocable and cannot be discharged or altered by the Commissioner; an "agreement to reserve" is not irrevocable and can be altered or discharged at the discretion of the Commissioner.
Please visit www.agric.wa.gov.au/soil-and-land-conservation-act-1945 for more information about the Soil and Land Conservation Act 1945.
To find out more about this notice please contact our office on (08) 9368 3333 or email Commsoil@agric.wa.gov.au.