THE SOIL CONSERVATION ACT of 1965

Transcription

1 247 THE SOIL CONSERVATION ACT of 1965 No.4 Amended by Acquisition of Land Act of 1967, No. 48, s. 3 (2), 1st Schedule An Act to Consolidate and Amend the Law Relating to the Conservation of Soil Resources and the Mitigation of the Erosion of Soil [Assented to 8 April 1965] PART I-PRELIMINARY 1. (1) Short title. This Act may be cited as "The Soil Conservation Act of 1965." (2) Commencement of Act. Except as is otherwise provided in this Act, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Commenced 1 July 1965 (Proclamation: Gazette 22 May 1965, p. 528). 2. Repeal of Act. "The Soil Conservation Act of 1951" is repealed. 3. Parts of Act. This Act is divided into Parts as follows: PART I-PRELIMINARY; PART II-ADMINISTRATION; PART III-THE SOIL CONSERVATION AUTHORITY; PART IV-THE ADVISORY AND Co-ORDINATING COMMITTEE ON SOIL CONSERVATION; PART V-SOIL CONSERVATION DISTRICTS AND SOIL CONSERVA- TION TRUSTS; PART VI-AREAS OF SOIL EROSION HAZARD; PART VII-SoIL CONSERVATION PROJECTS; PART VIII-FINANCIAL ASSISTANCE TO OWNERS OF LAND; PART IX-GENERAL PROVISIONS. 4. S. 47 (24) of 1 Geo. 6 No.1. ( 1) The Governor in Council shall not apply subsection (24) of section forty-seven of "The Local Government Acts, 1936 to 1965," to the Area or any part or parts of the Area of any Local Authority at any time when such Area or part or parts is or are included in an area of soil erosion hazard, a soil conservation district or a project area.

2 248 SOIL CONSERVATION Vol. 16 (2) Where, prior to the declaration or constitution of an area of soil erosion hazard, a soil conservation district, or a project area, the Governor in Council has applied the said subsection (24) to any Area or any part of an Area included in the area or district so declared or constituted, the Governor in Council by Order in Council may declare that the said subsection (24) shall cease to apply in such Area or part of an Area on and after the date specified in the Order in Council, and the said subsection (24) shall cease to apply in the Area or part of an Area in question accordingly. Act referred to: Local Government Act , title LOCAL AUTHORITIES, Vol. 10, p Area of soil erosion hazard, soil conservation district, project area-see s. 5. S. Interpretation. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Advisory Committee"-The Advisory and Co-ordinal'ing Committee on Soil Conservation constituted pursuant to this Act; "Approved scheme"-a scheme approved by the Governor in Council pursuant to this Act: the term includes such a scheme amended pursuant to this Act; "Area"-In relation to a Local Authority, its Area under and within the meaning of "The Local Government Acts, 1936 to 1965." Where part only of the Area of a Local Authority comprises or is comprised in a district, the term "Area" where used with reference to such Local Authority and to such district means the part of the Area of such Local Authority which comprises or is comprised in such district; "Area of soil erosion hazard"-an area of land declared an area of soil erosion hazard under and for the purposes of this Act; "Authority"-The Soil Conservation Authority constituted by this Act; "Co-ordinator-General"-The Co-ordinator-General of Public Works within the meaning of "The State Development and Public Works Organisation Acts, 1938 to 1964"; "Director"-The Director of the Division of Development Planning and Soil Conservation of the Department of Primary Industries: the term includes any person who for the time being is performing the duties of that office; "Director-General" -The Director-General of Primary Industries of Queensland: the term includes any person who for the time being is performing the duties of that office; "Dis-trict"-A Soil Conservation District constituted under and for the purposes of this Act; "Local Authority"-A Local Authority or Joint Local Authority within the meaning of "The Local Government Acts, 1936 to 1965";

3 SOIL CONSERVATION ACT OF 1965 ss. 4, "Minister"-The Minis,ter for Primary Industries or other Minister of the Crown for the time being charged with the administration of this Act: the term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act; "Occupier"-The person (including a public authority) in actual occupation of any land or if there is no person in actual occupation the person entitled to possession of the land; "Owner"-The person other than Her Majesty who for the time being is entitled,to receive the rent of any land either on his own account or on account of some other person o.r who if the same were let to a tenant at a rack-rent would be entitled to receive the rent thereof: the term also includes the holder of any lease or license or permission from the Crown, or any person deriving title thereunder; "Part"-Part of this Act including where necessary, all Orders in Council and regulations, if any, made under this Act for the purposes of the Part in question; "Project"-Includes an approved scheme and an approved project plan and all works, 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, the prevention or mitigation of soil erosion or of controlling or directing run-off water flow or for any other purpose within the purview of this Act; "Project area"-an area constituted or deemed to be a project area under and for the purposes of this Act; "Property"-Includes real and personal property of whatever kind and wherever situated; "River Improvement Trust"-A Trust constituted under the provisions of "The River Improvement Trust Acts, 1940 to 1959," in respect of a River Improvement Area; "Soil conservation"-the conservation of soil and the prevention or mitigation of soil erosion; "Soil conservation scheme" or "Scheme"-A scheme for the purposes of soil conservation; "Soil erosion"-the natural or accelerated removal or deposition of soil which may be detrimental to agricultural, pastoral, or forestry activities, or engineering or other works; "Statutory Authority"-A Local Authority, The Commissioner for Railways, The Commissioner of Main Roads, The Commissioner of Irrigation and Water Supply, a River Improvement Trust, and any Crown corporation or instrumentality, or corporation or instrumentality representing the Crown; "Trust"-A Soil Conservation Trust constituted by and under this Act;

4 250 SOIL CONSERVATION Vol. 16 "Watercourse"-A river, stream, or creek (at every place where such river, stream, or creek is not subject to tidal influence) in which water flows in a natural channel either permanently, intermittently, or occasionally; "Works"-Every part of any works and things designed or undertaken or proposed to be undertaken in the course of or for the purpose of a project. Acts referred to: Local Government Act , title LOCAL AUTHORITIES, Vol. 10, p State Planning and Development, Public Works Organisation, and Environmental Control Act , title WORKS. River Improvement Trust Act , title EROSION, Vol. 5, p.413. PART II-ADMINISTRATION 6. Administration of this Act. This Act shall be administered by the Minister and, subject,to him, by the Authority and the Advisory Committee. 7. Appointment of officers. The Governor in Council may appoint such officers as he considers necessary to carry this Act into effect. Such officers shall be appointed and hold office under, subject to and in accordance with "The Public Service Acts, 1922 to 1965." Act referred to: Public Service Act , title PUBLIC SERVICE, Vol. 14, p Powers and dnties incidental to administration of Act. ( 1) For any purpose of or connected with the exercise or performance of a power, authority, function or duty conferred or imposed by or pursuant to this Act any member of the Advisory Committee or any person authorized in that behalf in writing by,the Authority may- (a) enter and re-enter at any time upon land with such assistants, vehicles, tools and implements as are necessary for the purpose; (b) make any survey, investigation or inspection of any land; (c) place, make, affix or set-up on any land survey pegs, marks or poles and from time to time alter, remove, inspect, reinstate, or repair the same or any of them; (d) dig or bore into any land for the purpose of works thereon or to ascertain the nature of the soil therein; (e) do all other acts as are reasonably necessary for any purpose referred to in this subsection. (2) A person who- (a) destroys, mutilates, defaces, removes, or alters the position of any survey peg, mark, or pole placed, made, affixed or set-up for the purposes of this Act; or (b) interferes with any works undertaken for the purposes of this Act; or

5 SOIL CONSERVATION ACT OF 1965 ss (c) assaults,,threatens, intimidates or wilfully obstructs or attempts so to do any person authorized by or pursuant to this section in the exercise or performance of his powers, authorities, functions or duties under this Act or any person assisting such authorized person, commits an offence against this Act. Advisory Committee, Authority-See s. 5. Offences generally-see s. 98. PART III-THE SOIL CONSERVATION AUTHORITY 9. Constitution of the Authority. (1) The Director-General is hereby constituted a corporation sale under the name and style of "The Soil Conservation Authority" and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it, and, subject to this Act, shall have power to take, acquire by grant, purchase, take on lease, hold, sell, exchange, lease, assign, transfer, and surrender to the Crown, property. The Authority shall represent,the Crown and subject to this Act shall have and may exercise all the powers, privileges, rights and remedies of the Crown. (2) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document or notice, and until the contrary is proved shall presume that such seal was duly affixed to any document or notice concerned. Director-General-See s. 5. Functions, duties, powers of Authority-See ss. 10, 11. As to functions of the Advisory Committee constituted under s. 12 and its relationship to the Authority, see s. 14. Trusts must lodge works programmes with the Authority, s. 52. Authority's approval of conservation schemes-see ss. 55 et seq. Preparation of plans by the Authority-See ss. 74, 75. As to supervision of works, investigations and surveys by the Authority, see s. 85. Power to Authority to agree with landowners-see s. 93. Limitation of liability of Authority-See s. 97. As to authorization of persons by the Authority, see s. 8. As to the responsibility of the Authority to administer the Act, see s. 6. Recommendation by Authority that area is a soil conservation hazard-see s. 70. Advances by Authority-See s Functions and duties of the Authority with respect to soil conservation. ( 1) The functions and duties of the Authority with respect to matters pertaining to soil conservation shall be- (a) the carrying out of investigations to ascertain the nature and extent of soil erosion throughout the State; (b) the investigation and design of preventive and remedial measures in respect of soil erosion, and the planning of the utilisation of lands to give effect to those measures; (c) the carrying out of experiments in soil conservation and prevention and mitigation of soil erosion, and the establishment of soil conservation demonstration areas;

6 252 SOIL CONSERVATION Vol. 16 (d) the recording and publishing of the results of such investigations, designs, experiments, and demonstration areas; (e) the dissemination of information with regard to soil erosion, soil conservation, and the prevention and mitigation of soil erosion; (f) instruction of and assistance to landholders and others in matters pertaining to soil conservation and the prevention and mitigation of soil erosion; (g) the prevention or mitigation of soil erosion in all areas of the State and in particular in areas of erosion hazard; and (h) such other functions and duties as are from time to time by the Governor in Council by Order in Council published in the Gazette. (2) For the purpose of discharging these functions and duties the Soil Conservation Authority may authorize the expenditure of moneys appropriated by Parliament for those purposes. Soil conservation. soil erosion--see s. 5. See also notes to s Powers of the Authority. The Authority may- (a) by agreement with the appropriate public authorities, occupiers, or owners, conduct or cause to be conducted experiments and demonstrations pertaining to soil conservation and the prevention and mitigation of soil erosion on any lands; (b) employ such and so many workmen and other persons as may be required from time to time for the conduct of such experiments and demonstrations; (c) subject to the appropriation by Parliament of money for the purpose, authorize the expenditure of money for the purpose of performing its functions and duties prescribed in section ten of this Act; and (d) do all such things as it is by this Act authorized to do. Occupiers, owners, soil conservation, erosion-see s. 5. Limitation of liability of Authority-See s. 97. Power of Authority to agree with landowners-see s. 97. See further the notes to s. 9. PART IV-THF. ADVISORY AND CO-ORDINATlNG COMMITTEE ON SOIL CONSERVATION 12. The Advisory Committee. (1) There shall be constituted for the purposes of this Act an Advisory and Co-ordinating Committee on Soil Conservation. (2) The Advisory Committee shall consist of- (a) the Director-General who shall be an ex officio member and the chairman; (b) the Director who shall be an ex officio member and the deputy chairman; (c) such other members as the Governor in Council from time to time specifies by Order in Council published in the Gazette.

7 SOIL CONSERVATION ACT OF 1965 ss Until the Governor in Council otherwise specifies such other members shall be- (i) one representative of the Department of Irrigation and Water Supply; (ii) one representative of the Department of Main Roads; (iii) one representative of the Department of Local Government; (iv) one representative of the Railway Department; (v) one representative of the Department of Lands; (vi) one representative of the Department of Forestry. (3) The Governor in Council by notification published in the Gazette shall appoint the members of the Advisory Committee specified by or, from time to time, pursuant to paragraph (c) of the last preceding subsection. Upon such publication of the notification of the first appointment of such members the Advisory Committee shall be duly constituted. ( 4) In the event of a vacancy in the office of a member appointed by the Governor in Council or during the absence of such a member another representative of the Department of which such member was or is a representative may be appointed by the Governor in Council in like manner to fill such vacancy or to act as a member of the Advisory Committee during the absence of such member, as the case requires. (5) A member of the Advisory Committee appointed by the Governor in Council shall hold his office at the pleasure of the Governor in Council. (6) A member of the Advisory Committee shall be paid such salary, allowance or expenses as the Governor in Council from time to time determines. Where by or under any Act it is provided that the holder of any office shall devote the whole of his time to the duties of such office or shall be prohibited from engaging in employment other than such office such provision shall be construed so as not to disqualify such holder from holding that office and also the office of a member of the Advisory Committee or from receiving and.retaining any salary, allowance or expenses payable to him as a member of such committee. For Order in Council under subsection (2) see Gazette 6 Nov. 1965, p Director-General, Director-See s. 5. Functions of the Committee-See s. 14. As to the Committee's duty to administer the Act, see s. 6. As to limitation of the liability of Committee members, see s Meetings and conduct of meetings of Advisory Committee. ( 1 ) Meetings of the Advisory Committee shall be called in such manner and at such times and places and shall be conducted in such manner as may be prescribed or, in so far as not prescribed, as the Advisory Committee determines: Provided that the chairman of the Advisory Committee shall call its first meeting in such manner and at such time and place as he determines. (2) A quorum of the Advisory Committee shall be four members of whom one shall be the chairman or the deputy chairman. Business shall not be conducted at a meeting of the Advisory Committee at which a quorum is not present.

8 254 SOIL CONSERVATION Vol Fuuctions and duties of Advisory Committee. The functions and duties of the Advisory Committee shall be- (a) to consider all aspects of soil erosion, soil conservation and the prevention and mitigation of soil erosion as they affect the State; (b) to co-ordinate the activities of the Authority and of the Departments of the Government of Queensland in relation to soil conservation and the prevention and mitigation of soil erosion; (c) to recommend action which in its opinion should be taken to prevent or mitigate soil erosion or to restore land which has been affected by erosion of soil; (d) to advise the Minister on such matters within the purview of this Act as he refers to it; (e) to recommend to the Authority upon the declaration of areas of soil erosion hazard; (f) such other functions and duties as are prescribed. PART V-SOIL CONSERVATION DISTRICTS AND SOIL CONSERVATION TRUSTS 15. Constitution of Districts. (1) Upon application or recommendation in that behalf made in accordance with this Part and upon the recommendation of the Minister, the Governor in Council may, by Order in Council published in the Gazette, constitute any portion of the State to be a Soil Conservation District for the purposes of this Act and may, in like manner and subject to like restriction,- (a) include in a district any portion of the State which is not included in a district; (b) abolish any district or districts; (c) join any district or districts or join parts of any district or districts with another district or districts; (d) alter the boundaries of districts by including in one district a part or parts of another district or a part or parts of other districts and by excluding such part or parts from such other district or districts; (e) divide a district into two or more districts; (f) assign a name to any soil conservation district or alter the name of any soil conservation district. A district may comprise the whole or any division or part of the Area of a Local Authority or may comprise the whole or any divisions or parts of the Areas of two or more Local Authorities. (2) When a boundary of a district is altered and the boundary of any other district is thereby affected the Governor in Council may, if it becomes necessary so to do, by Order in Council published in the Gazette, declare and apportion the assets and liabilities of the respective Trusts concerned between them as to him appears just.

9 SOIL CONSERVATION ACT OF 1965 ss (3) When two or more existing districts are amalgamated the Governor in Council may, by Order in Council published in the Gazette, declare the assets and liabilities of the respective T,rusts concerned to be vested in the Trust of the amalgamated district and thereupon such assets and liabilities shall vest accordingly. As to application or recommendation, see s. 16. There is a Soil Conservation Trust for each district declared pursuant to this section, s. 18. A district which is abolished may be constituted a soil conservation project area. See s. 69. As to winding up the Trust for a district which has been abolished, and saving provisions, see s Applications and recommendations for constitution of districts. (1) A Local Authority may apply to the Minister that its Area or any part or parts of its Area be constituted a district. (2) Two or more Local Authorities may jointly apply,to the Minister that their respective Areas or any part or parts of their respective Area be constituted a district. (3) A majority of the owners of land situated within any Area of a Local Authority or Areas of Local Authorities or any part or parts thereof may apply to the Minister that such Area, Areas, part or parts be constituted a district. (4) The Authority may recommend to the Minister that any Area of a Local Authority or Areas of Local Authorities or any part or parts thereof which comprises or comprise or substantially comprises or comprise an area or areas of erosion hazard or a project area or project areas be constituted a district. (5) Powers of Minister with respect to certain applications. (a) If the Minister is of opinion that a proposed district would be unable to bear the cost of administering the Trust constituted the,refor he may remit the application in question to the applicant or applicants with a view to its being amended in such manner and to such extent as to make the constitution of the district thereby applied for acceptable to the Minister. (b) The Minister may in respect of any application cause a poll of the owners of land which would be included within a proposed district to be taken on the issue of the constitution of such district. (6) Minister's discretion restricted. The Minister shall not recommend,to the Governor in Council that a district be constituted- (a) except upon an application or recommendation duly made under this Part; (b) if he is of opinion,that the proposed district would be unable to bear the cost of administering the Trust constituted therefor; or (c) if, upon the taking of a poll pursuant to the last preceding subsection, one-third or more of the votes cast thereat is against the constitution of such district. Local Authority, Area, Minister, area of erosion hazard, district-see s. 5.

10 256 SOIL CONSERVATION Vol Alterations of bonndaries of district. ( 1) Any of the bodies or persons particularized in section sixteen of this Act may apply or, as the case requires, recommend to the Minister that- (a) the Area of a Local Authority or Areas of Local Authorities or the part or parts thereof, the subject of the application, (not being a part of a district) be included in a district already constituted; (b) {he land, the subject of the application, be excluded from a district and either- (i) be constituted a district; or (ii) be included in a district already constituted. (2) The Minister may in.respect of any application cause a poll to be taken of the owners of land which (in the case of an application referred to in paragraph (a) of the last preceding subsection) is proposed to be included in a district or which (in the case of an application referred to in paragraph (b) of the last preceding subsection) is proposed to be excluded from a district on the issue of such inclusion or, as the case may be, exclusion. (3) The Minister shall not recommend to the Governor in Council that the boundaries of a district be altered- (a) except upon an application or recommendation duly made under this Part; (b) if, upon the taking of a poll pursuant to the last preceding subsection, the majority of votes cast thereat is against the proposed alteration; (c) if he is of opinion that any district would be adversely affected by the proposed altera{ion. (4) Upon application in writing made by an owner of land upon grounds (which shall be set out in the application) which the Minister deems reasonable and sufficient, the Minister may exclude such land from a district and shall issue to the owner thereof a certificate accordingly. The Minister may at any time revoke such certificate and thereupon the land shall again be included in the district concerned. 18. Soil Conservation Trusts. ( 1) For each district there shall be a Trust to be called "The (name of district) Soil Conservation Trust". By that name a Trust shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and, subject to this Act, shall have power to take, acquire by grant, purchase, take on lease, hold, sell, exchange, lease, assign, transfer and surrender to the Crown, property. (2) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of a Trust affixed to any document or notice and, until the contrary is proved, shall presume that such seal was duly affixed to any document or notice concerned. As to composition and constitution of a Trust and the conduct of its business, see ss Funds of a Trust-See s. 42. Duties of a Trust-See s. 49.

11 SOIL CONSERVATION ACT OF 1965 ss Powers of a Trust-See s. 50. Dissolution of a Trust-See s. 69. As to preparation by Trusts of soil conservation schemes, objection to and revision of schemes, amendment and approval thereof, see s. 55. Amendment of approved scheme-see s. 60. As to compensation by Trust to landholders injuriously affected by a scheme, see ss. 50, A Trust may require an owner to undertake works and may itself undertake works of general benefit, ss A Trust is a constructing authority in terms of the Public Works Land Resumption Acts, 1906 to 1955 (see now Acquisition of Land Act , s. 4, title WORKS). See s. 89, post. For provisions applicable to a Trust as a constructing authority, see s. 90. Further as to resumption, see s. 91. As to agreement by a Trust with a statutory authority, see s. 58. Agreement with landowners-see s. 93. Funds of Trust-See s. 42. Trusts' budget and audit-see ss Levying of rates by Trust-See s. 48. Borrowing by Trust-See ss. 29, 30, 41. As to application of borrowed funds, see s. 31. As to debentures, see ss As to lodgment by Trust of a programme of works, see s. 52. As to appointment and remuneration of Trust employees, see s. 28. Contracts e'1tered into by Trusts are governed by s. 51. Advisory group committees may be appointed by Trusts under s. 53. As to record and proof of Trust proceedings, see ss. 27, 47. By s. 54 a Trust is required to have a public office. Liability of a Trust and its members is limited by s Modes of constituting Trust. (1) A Trust may be constituted by (a) a Local Authority; (b) a chairman appointed on the nomination of the Minister and four other members representative of the owners of lands within the district; or (c) five members (including the chairman) representative of the owners of lands within the district. (2) The Governor in Council shall determine the one of the modes prescribed by subsection (1) of this section by which a Trust is to be constituted in the first instance. The Governor in Council may by a subsequent determination determine that a Trust shall be constituted by a mode different from that by which the Trust was constituted theretofore. A Trust shall be constituted by the mode determined by the Governor in Council until a further determination provides for its constitution by another mode. Every determination under this subsection shall be made by Order in Council. (3) An alteration made pursuant to subsection (2) of this section in the mode of constitution of a Trust shall not affect the continuity of its identity or any rights or obligations of the Trust, or render defective any legal proceedings by or against the Trust.

12 258 SOIL CONSERVATION Vol. 16 (4) A Trust- (a) to be constituted by a Local Authority (whether in the first instance or at any later time) shall be so constituted on the publication in the Gazette of the Order in Council determining that it is to be so constituted or, if a later date is specified in the Order in Council, on such later date; (b) in any other case, the Trust shall be constituted on the date of the first appointment of the members thereof. (5) Before determining the mode by which a Trust is to be constituted, the Governor in Council, either in the first instance or subsequently, may cause a poll to be taken for the purpose of ascertaining the opinion of the owners of land within the district used wholly or predominantly for pastoral purposes upon the question as to such mode. Provisions as to poll-see s. 22. Chairman presiding at meeting, casting vote--see s. 23. As to members disqualified from voting, see s Trust constituted otherwise than by a Local Authority. (1) This section applies to a Trust constituted otherwise than by a Local Authority. (2) Subject to nomination or election as prescribed the members of a Trust shall be appointed by the Governor in Council by notification published in the Gazette. (3) If the Trust is to be constituted by the mode set out in paragraph (b) of subsection (1) of section nineteen of this Act, the person nominated by the Minister shall be appointed to be the chairman of the Trust. Such nominee shall hold the office of chairman of the Trust at the pleasure of,the Governor in Council. ( 4) If the Trust is constituted in the mode set out in paragraph (c) of subsection (1) of section nineteen of,this Act, the Trust shall as soon as may be after any and every periodical appointment of the whole number of its members, and may if any casual vacancy occurs in the office appoint one of its members to be its chairman. Failing the appointment by a Trust of its chairman when thereunto required by the Minister, the Minister may appoint its chairman. (5) The representative members of a Trust shall be elected as prescribed for appointment to the Trust. Unless the mode by which the Trust is constituted is sooner altered, the whole number of such members shall be appointed once in every three years. (6) Subject to subsection (5) of,this section, a representative member of a Trust shall hold his office as such until- (a) he dies; or (b) he resigns such office by writing under his hand given to the Authority; or (c) he becomes disqualified from continuing as such member pursuant to the next succeeding subsection; or

13 SOIL CONSERVATION ACT OF 1965 ss (d) he is absent from three successive ordinary meetings of the Trust of which he is a member and of which meetings he was given reasonable notice without obtaining leave of the Trust prior to his being so absent. (7) A person who- (a) is an undischarged bankrupt or has entered into a subsisting composition, assignment or scheme of arrangement with or for the benefit of his creditors; (b) has been convicted of an indictable offence; (c) is a patient within the meaning of "The Mental Health Acts, 1962 to 1964," shall be disqualified from being or continuing as a member of a Trust. (8) (a) A resignation by a member of a Trust from his office as such shall be effective when it is received by the Authority. (b) The attendance of a member of a Trust at the time and place appointed for an ordinary meeting of such Trust shall be taken to be attendance at an ordinary meeting notwithstanding that by reason of a quorum not being present a meeting is not actually held at such time and place. The person keeping minutes of the meetings of the Trust shall enter in the minute book the names of all members so attending. Act referred to: Mental Health Acts, 1962 to 1964, title MENTAL HEALTH, Vol. 11, p Casual vacancies on Trust. When a vacancy occurs in the office of a representative member of a Trust the Governor in Council may appoint by notification published in the Gazette a person to hold such office for the balance of his predecessor's term of office. In the case of a vacancy occurring more than one year before the expiration by effiuxion of time of the predecessor's term of office the appointee shall be elected as prescribed. When a predecessor in office was also chairman his successor in office shall not, by virtue of his appointment under this section, be chairman. 22. Polls. Every poll referred to in subsection (5) of section nineteen of this Act and every poll for the election of representative members of a Trust constituted in the mode set out in paragraph (b) or paragraph (c) of subsection (1) of section nineteen of this Act or for the election of a representative for appointment to a casual vacancy in the office of any such member shall be taken on a day appointed by the Governor in Council (who is hereby thereunto authorised) by Order in Council. 23. Meetings of a Trust. (l) (a) A Trust shall at its first meeting, and thereafter from time to time following a vacancy in the office, appoint one of its members to be deputy chairman.

14 260 SOIL CONSERVATION Vol. 16 (b) The chairman or in his absence the deputy chairman when present shall preside at meetings of a Trust: Provided that in the absence of both the chairman and the deputy chairman from any meeting, another member, chosen for the purpose by the majority of the members present and voting shall preside. (c) The person presiding at any meeting of a Trust shall, subject to this Act, have a vote and when there is equal division of votes upon any question shall have a second or casting vote. (2) A Trust shall meet as often as is necessary to discharge its powers, authorities, functions and duties under this Act, and at such time and places as it thinks fit, and shall conduct its business in such manner as may be prescribed, or insofar as is not prescribed, as it may from time to time determine. A Trust shall hold its first meeting after its constitution at a time and place appointed by the Authority. (3) A majority of the number of members of a Trust for the time being shall form a quorum at any meeting of a Trust, and any duly convened meeting at which a quorum is present shall be competent to transact any business of that Trust and shall have and may exercise all of the powers, authorities and functions, and may perform all of the duties of that Trust. If any member present at a meeting and qualified to vote in the business of that meeting fails to vote he shall be deemed to have voted in the negative. (4) An act or proceeding of a Trust shall not be unlawful or invalid by reason only of the fact that at the time of such act or proceeding there was a vacancy or vacancies in the membership of such Trust or that the appointment of any member of such Trust was defective or that any member of such Trust was disqualified from being or continuing as a member of such Trust. 24. When members disqualified from voting. (]) If a member of a Trust has any pecuniary interest, direct or indi.rect, in any contract or proposed contract or other matter, and is present at a meeting of that Trust at which the contract or proposed contract or other matter is a subject for consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact of his interest, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter. (2) Subject to the provisions of this subsection, for the purposes of this section, a person shall be deemed to have a pecuniary interest in a contract or proposed contract or other matter if- (a) he or any nominee of his is a member of a company or other body (whether corporate or unincorporate) with which the contract is made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or

15 SOIL CONSERVATION ACT OF 1965 SS. 23, (b) he is a partner or is in the employment of a person with whom the contract is made or is proposed to be made, or who has a direct pecuniary interest in the other matter under consideration: Provided that- (a) this subsection shall not apply in respect of membership of or employment with any public body; and (b) a member of a company shall not by reason only of such membership bc deemed to have a pecuniary interest within the purview of this section if he has no beneficial interest in any shares or stock of that company. (3) For the purposes of this section, a pecuniary interest within the purview of this section of a spouse of a member of a Trust shall- (a) if such spouse resides with such member; and (b) if such interest is known to such member, be deemed a pecuniary interest of such member. ( 4) A notice in writing given to the secretary of a Trust by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company, or that he or his spouse is a partner or in the employment of a specified person, shall unless and until the notice is withdrawn, be deemed to be a sufficient compliance with the provisions of subsection (1) of this section in respect of any contract, proposed contract, or other matter to be made concerning that company or that person which may be the subject of consideration by the Trust after the date of the notice. (5) The secretary of a Trust shall record in a book to be kept for the purpose particulars of every disclosure made under subsection (I) of this section, and of every notice given under subsection (4) of this section, and the book shall be open at all reasonable hours to the inspection of any member of the Trust. (6) A person who fails to comply with the provisions o[ subsection ( 1) of this section commits an offence. A person shall not be convicted of such an offence if it is shown that he did not know and had no reasonable means of knowing that a contract, proposed contract or other matter in which he had a pecuniary interest was a subject for consideration at the meeting in question of the Trust concerned. (7) A Trust may by resolution exclude from a mecting any member who has a pecuniary intercst in a contract, proposed contract or other matter under consideration at that meeting while such consideration continues. (8) This section does not apply in respect of an interest in a contract or proposed contract or other matter which a member of a Trust has as a resident of the district concerned or as a participant in a project, or in respect of an interest in any matter relating to the terms on which the right to participate in any service is offered to the public. (9) When the Minister is satisfied that the number of members of a Trust which is disqualified pursuant to subsection (1) of this section is such that the transaction of the business of such Trust is likely to be

16 262 SOIL CONSERVATION Vol. 16 impeded he may, in writing, exempt such member or members so disqualified from the provisions of that subsection either gcnerally or for a period specified in such writing and subject to such conditions as the Minister therein specifies. For so long as such exemption continues in force and the conditions thereof (if any) are complied with, the provisions of that subsection shall not apply to such member or members so exempted. Offences generally-see s Adjournment of meeting. (1) The members present at a meeting of a Trust may, from time to time, adjourn the meeting. (2) If a quorum is not present within half an hour after the time appointed for a meeting, the member or members present, or the majority of them if more than two members are present, or the secretary, if no member is present or if the members present arc equally divided on the issue, may adjourn such meeting to any time not later than fourteen days from the date of sueh adjournment: Provided that the provisions of this subsection shall be construed so as not to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. (3) All notices of any meeting or adjourned meeting- of a Trust (other than a meeting adjourned to a later hour of the same day on which such meeting was held or was appointed to be held. or to a day not later than seven days after the day on which such meeting was held or was appointed to be held) shall be in writing, and shall be delivered or sent by post or otherwise to the usual place of business, if any, within the district or to the place of abode of each of the members so as to reach each member seven days at least previous to the date appointed for the meeting. Every such notice shall specify the time of meeting and the business to be transacted thereat. 26. Restriction on certain business. (1) No business shall be transacted at any special meeting except such as is stated in the notice thereof. (2) A resolution of a Trust shall not be revoked or altered unless notice of the intention to propose such revocation or alteration is given to each of the members at least seven days before holding the meeting at which the revocation or alteration is to be proposed. If the number of members present at that meeting is not greater than the number present when the resolution was adopted, the resolution shall not be revoked or altered. 27. Minutes and records. (1) A Trust shall cause minutes of all proceedings of the Trust with the names of the members present at each meeting, and the names of all members voting upon any question for the decision of which a division is called, to be duly recorded from time to time in minute-books to be provided for the purpose, which shall be kept by the secretary. The minutes of each meeting shall be signed after confirmation by the Trust by the person presiding at the meeting next succeeding the meeting at which such proceedings have taken place.

17 SOIL CONSERVATION ACT OF 1965 ss (2) The secretary of a Trust shall be responsible for the safe custody of the minute-books, all books of account, agreements, receipts, vouchers, and other books, documents, papers, correspondence, and writings belonging to or relating to the business of that Trust. He shall make a record of the same in obedience to any direction of the Auditor-General and shall not destroy or mutilate any of them without the sanction in writing of the Auditor-General previously obtained. The secretary shall be responsible for the safe custody of the seal of the Trust. (3) All such books, documents, papers, correspondence, and writings, which are not by this Act declared to be open to inspection shall nevertheless be open to inspection by any member. Any person having the custody of any such book, document, paper, correspondence, or writing who fails to permit such inspection shall be guilty of an offence and liable to a penalty not exceeding ten dollars. (4) Whenever any return, book of account, agreement, receipt, voucher, or other paper or writing belonging to or relating to the business of a Trust is destroyed or lost, the Auditor-General may direct all such acts and things to be done as he thinks best for repairing the loss, and may declare any copy of any such return, agreement, receipt, voucher, or other paper or writing to be valid and effectual for all purposes, and may, if necessary, define the time during which such copy shall remain in force. (5) Correspondence with a Trust shall be addressed to the secretary. (6) A Trust may decide whether or not correspondence shall be read by its secretary. Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of Entry in book prima facie evidence-see s Appointment and remuneration of employees. (1) A Trust may, from time to time, appoint a secretary and, subject to the approval of the Authority, such employees as are necessary to car,ry this Act into effect. A person appointed by a Trust to any position other than that of secretary to the Trust shall not while occupying such position be or continue secretary to the Trust. (2) If a Trust appoints a company, partnership or association to be secretary to the Trust such company, partnership or association shall forthwith upon such appointment nominate a natural person to perform the duties and functions of secretary to the Trust and, for the purposes of this Act, such nominee shall be deemed to be secretary to the Trust. (3) A Trust may pay to an employee to whom or to whose occupation an industrial award or industrial agreement does not apply such amount as the Trust from time to time determines and is approved by the Authority. If an employee of a LDcal Authority is employed by a Trust as secretary he may be paid such allowance as the Trust from time to time determines and is approved by the Authority. ( 4) A Trust may engage or retain such technical advisers as are necessary to assist it in carrying this Act into effect.

18 264 SOIL CONSERVATION Vol Borrowing. (1) Subject to this Act a Trust may from time to time, with the prior authority of the Governor in Council, borrow money- (a) from the Treasurer; (b) by the sale of debentures; or (c) partly in one and partly in another of the ways specified in paragraphs (a) and (b) of this subsection. (2) Before entering into negotiations to borrow money, a Trust shall first obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and, for this purpose, shall furnish the Treasurer such information as he requires. (3) A Trust shall not borrow any money pursuant to any negotiations sanctioned by the Treasurer under subsection (2) of this section unless the authority of the Governor in Council thereto is first obtained. In the case of a loan to be raised in whole or in part by the sale of debentures the authority shall be given by Order in Council. The Order in Council shall deelare the amount that may be borrowed, the purposes for which the loan shall be borrowed, the currency of the loan, the amount of interest payable thereon, the tcrms and conditions for the redemption of the loan, whether by yearly or half-yearly payments or payments into a sinking fund, and such other conditions as the Governor in Council thinks proper to impose. ( 4) Before proceeding to borrow any sum under and in pursuance of this section the Trust shall at a special meeting called for the purpose pass a resolution to borrow that money. Notice of such special meeting and a copy of the resolution shall be given to each member of the Trust at least seven days before the date of the meeting. Levying of rates hy TrW,l-See s. 4R. As to Trust's budget and audit, see ss Power to enter into contracts is conferred by s. 50. As to nature and effect of contracts. "ee s. 51. Treasury guarantee of loans-see s. 35. Remedies of dehenture holders are provided by s. 37. Regulations as to leans may be made under s. 40. Illegal borrowing-see s. 41. A separate fund must be kept in respect of each loan. s Further loan where amount borrowed inadequate. In the event of any money borrowed pursuant to the provisions of section twenty-nine of this Act proving inadequate for the purposes for which the same was borrowed, the Minister, if satisfied that such inadequacy arose owing to circumstances beyond the control of the Trust, may certify accordingly, whereupon the Trust with the approval of the Treasurer to the borrowing' of such further sum and upon its resolution to borrow such further sum shall be at liberty to borrow such further sums as may be necessary without complying with the procedure prescribed by this Act as preliminary to the borrowing of money by a Trust. 31. Application of loan moneys. (1) All moneys borrowed by a Trust shall be expended for the purposes for which such Trust was authorized to borrow the same and, except as prescribed by this section, not otherwise.

19 SOIL CONSERVATION ACT OF (2) If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as directed by the Treasurer. (3) A person advancing money to a Trust and recelvlllg in consideration of an advance any debentures issued under the authority of this Act shall not be bound to inquire whether the issue of such debentures was in fact duly authorized or into the application of the money advanced or be in any way responsible for the non-application or misapplication thereof. 32. Repayment of Treasury Loans. (1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the payment to the Treasurer by the Trust on the first days of January and July, respectively, in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until all moneys advanced from time to time by the Treasurer, together with the interest accrued thereon, have been so paid. The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment. (2) In the months of February and August, respectively, in every year, the Treasurer shall cause to be published in the Gazette a statement showing, with respect to a Trust to which a loan has been advanced by the Treasurer under this Act, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. If thereafter on the thirtieth day of April, or the thirty-first day of October, respectively, any part of such money so overdue and in arrear remains unpaid or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by a Trust under the authority of this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Trust concerned to the amount stated in such notification. The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the affairs of the Trust concerned as the Treasurer thinks proper, and judicial notice shall be taken of such orders and directions. Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Trust concerned, and shall be deemed to that extent and for that purpose to be a "public accountant" within the meaning of "The Audit Acts, 1874 to 1963." Act referred to: Audit Act , title AUDIT, Vol. 1, p Powers and duties of receiver-see s. 38.