❓ Hon. Robyn McSweeney questions the validity of Regulation 5 of the Soil and Land Conservation Regulations 1992, and the Minister confirms its validity under the Soil and Land Conservation Act 1945.
AnsweredQoN 2603Legislative Council
QuestionView source ↗
I refer to the
Soil and Land Conservation Act
, and ask -
(1) Is Regulation 5 of the
Soil and Land Conservation Regulations 1992
a valid regulation?
(2) If Regulation 5 of the
Soil and Land Conservation Regulations 1992
is valid, by what statutory provision of an Act of Parliament is it so authorised and validated?
Soil and Land Conservation Act
, and ask -
(1) Is Regulation 5 of the
Soil and Land Conservation Regulations 1992
a valid regulation?
(2) If Regulation 5 of the
Soil and Land Conservation Regulations 1992
is valid, by what statutory provision of an Act of Parliament is it so authorised and validated?
AnswerView source ↗
Answered
19 November 2004
Responded by
Minister for Agriculture, Forestry and Fisheries
Response time
9 days
1.
Yes.
2.
Regulation 5 is authorised under the
Soil and Land Conservation Act 1945
, which according to its long title, relates to the conservation of soil and land resources and to the mitigation of the effects of erosion, salinity and flooding. Under s4 of the Act, the definition of soil conservation refers to land management measures "
to
attain and maintain an appropriate level of land use and stability of that land in perpetuity and includes the use of measures to prevent or mitigate the effects of land degradation."
Land degradation is also defined in that section as including "
soil erosion, salinity and flooding that may be detrimental to the present and future use of land
." Section 48 of the Act authorises the Governor to make regulations "
which are necessary or expedient to be prescribed in order to carry the objects and purposes of this Act into effect."
Yes.
2.
Regulation 5 is authorised under the
Soil and Land Conservation Act 1945
, which according to its long title, relates to the conservation of soil and land resources and to the mitigation of the effects of erosion, salinity and flooding. Under s4 of the Act, the definition of soil conservation refers to land management measures "
to
attain and maintain an appropriate level of land use and stability of that land in perpetuity and includes the use of measures to prevent or mitigate the effects of land degradation."
Land degradation is also defined in that section as including "
soil erosion, salinity and flooding that may be detrimental to the present and future use of land
." Section 48 of the Act authorises the Governor to make regulations "
which are necessary or expedient to be prescribed in order to carry the objects and purposes of this Act into effect."
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