WA Bill Proposes Overhaul of Soil and Land Conservation Laws

Friday 3 December 2021 @ 12.15 p.m. | Trade & Commerce

The Soil and Land Conservation Amendment Bill 2021 (WA) ('the Bill') was introduced into the Western Australian Legislative Assembly on 11 November 2021 by the Minister for Tourism David Templeman ('the Minister'(.

The Bill proposes amendments to the:

  • Soil and Land Conservation Act 1945 (WA) ('the Act');
  • Constitution Acts Amendment Act 1899 (WA);
  • Financial Management Act 2006 (WA); and
  • seeks to repeal the Soil and Land Conservation Council (Remuneration of Members) Regulations 1991 (WA).

The Bill, according to the Minister's second reading speech, reflects the:

"growing understanding not only of the need to prevent or reduce land degradation, but also a strong desire to address issues relating to soil health more broadly. This broader interest reflects an increasing awareness by the community of links between healthy soils and the nutritive value of food produced in those soils, thereby strengthening the foundations of our agricultural industry. Land degradation affects both quality of life and economic viability for the community relying on the land for agricultural produce."

The Bill is currently still under consideration and is yet to pass the lower house.

Overview of the Bill

The Soil and Land Conservation Council (the Council) is a key focus of the proposed amendments and the Bill proposes three key changes to the Act.

Firstly, the Bill proposes amendments to bring the Act in line with contemporary legislation in jurisdictions around Australia, especially in regard to the selection and management of members of Councils, Committees and Boards. 

The Minister's second reading speech explains that in particular, the proposed amendment provisions would:

"replace the current stakeholder nominated Council memberships with up to ten Ministerial appointments based on expertise and experience, for up to three-year terms and potential reappointment."

The Commissioner of Soil and Land Conservation would be a member of the Council. The Minister would appoint up to nine members who must have, between them, expertise and experience in the following:

  •  agricultural production;
  •  environmental conservation;
  •  land management;
  •  local government and planning;
  •  managing pastoral land;
  •  soil conservation;
  •  soil science.

The Minister's second reading speech also further explains that the amendments would also provide: 

  • "that the Minister designate a Chairperson and Deputy Chairperson of the Council;
  • that council positions become vacant in circumstances consistent with modern schemes;
  • that the Minister may remove a member of the Council on grounds of neglect of duty; misconduct or incompetence; mental or physical incapacity (other than temporary illness) that impairs the performance of the member’s duties; and for an other reasonable cause;
  • for an extension of a term of office, for six months or until the vacancy is filled, where a member’s terms of office expires by effluxion of time;
  • for alternate members to be appointed and act temporarily when a Council member is on leave;
  • that members of the Council be paid remuneration and allowances as determined by the Minister, on recommendation of the Public Sector Commissioner;
  • for the remote attendance of Council members to meetings; and
  • for disclosure of material personal interests by Council members, including Council procedure and quorum where a material personal interest has been disclosed."

The Bill also seeks to repeal of Part VA of the Act. This would remove all references to the Landcare Trust, which was wound up in 2002. This amendment would also remove the formal annual reporting requirement.

Finally, the Bill also seeks to amend the language throughout the Act to make it gender neutral.

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Sources:

Soil and Land Conservation Amendment Bill 2021 (WA), and explanatory material available from the TimeBase LawOne Service

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