Soil Conservation Act 1945 (WA)

Western Australia Soil and Land Conservation Act 1945 Western Australia Soil and Land Conservation Act 1945 Contents Part I — Preliminary 1. Short title 1 3. This Act to be supplementary to other Acts 1 4. Terms used 1 4A. Regulations and soil conservation notices do not apply to prevent commercial harvest of plantation products 1 Part II — Administration Division 1 — General 5. Administration of Act 1 7. Commissioner 1 7A. Deputy Commissioner 1 8. Officers and employees 1 Division 2 — Soil and Land Conservation Council Subdivision 1 — Council constituted 9. Council established 1 9A. Membership of Council 1 9B. Chairperson and deputy chairperson 1 9C. Terms and conditions of appointment 1 9D. Casual vacancies 1 9E. Extension of term of office 1 9F. Alternate members 1 10. Remuneration of members 1 Subdivision 2 — Council procedures 11. Proceedings of Council 1 Subdivision 3 — Disclosure of material personal interests 11A. Disclosure of material personal interests 1 11B. Participation by interested members 1 11C. Quorum where section 11B applies 1 Subdivision 4 — Miscellaneous 12. Secretary to Council 1 Part III — Functions and powers 13. Functions of Commissioner 1 14. Duties of Commissioner 1 15. Special powers of Commissioner 1 16. Functions of Council 1 17. Coordination of works of Government departments in respect of land degradation and soil conservation and reclamation 1 18. Powers to Government departments and public authorities 1 19. Commissioner may advise as to dealing with Crown land 1 19A. Alteration of covenants etc. of certain leases etc. 1 20. Carrying out of works by Minister or Commissioner 1 20A. Minister may make certain advances and payments 1 21. Power of entry 1 21A. Work in relation to State forests and timber reserves 1 Part IIIA — Land conservation districts Division 1 — Constitution of land conservation districts and appointment and functions of district committees 22. Soil conservation districts 1 23. Constitution and membership of district committees 1 24. Functions of district committees 1 25. Power to co‑opt certain persons 1 Division 2 — Rating and finance 25A. Imposition of rate or service charge 1 25AA. Use of money raised by service charge 1 25B. Assessment, collection and payment of rate or service charge 1 25C. Land Conservation Districts Account 1 25D. Advances by Treasurer 1 25E. Application of Financial Management Act 2006 and Auditor General Act 2006 1 25F. Commissioner's report 1 25G. Commissioner's annual estimates 1 Part IV — Soil conservation reserves 26. Soil conservation reserves 1 27. Minister to manage soil conservation reserves 1 28. Offences in relation to soil conservation reserves 1 29. Execution of works for land degradation 1 29A. Vesting of works in public authority 1 30. Leasing of land in soil conservation reserves 1 Part IVA — Conservation covenants and agreements to reserve 30A. Term used: covenant or agreement 1 30B. Registration and form of covenant or agreement 1 30C. Effect of covenant or agreement 1 30D. Duties upon passing interests in affected land 1 30E. Discharge of agreement to reserve 1 30F. Cancelling registration of memorial 1 Part V — Soil conservation notices 31. Term used: soil conservation notice 1 32. Service, content and effect of notice 1 34. Application to SAT for review of issue of notice 1 34A. Registration of memorial of notice 1 34B. Duties upon passing interests in affected land 1 35. Enforcement of notice 1 36. Expense to be charge on land 1 37. Right of mortgagee to add expense to mortgage 1 38. Discharge of notice 1 39. Application to SAT for review of refusal to discharge notices 1 Part VI — Miscellaneous 42. Interferences with or damage to works etc. 1 44. Penalties and proceedings for offences 1 45. Commencing proceedings 1 46. Protection of Minister, Commissioner, officers etc. 1 48. Regulations 1 Part 7 — Transitional provisions for Soil and Land Conservation Amendment Act 2022 49. Terms used 1 50. Continuation of former Council 1 51. Members of former Council 1 Schedule — Acts to which this Act is supplementary Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Soil and Land Conservation Act 1945 An Act relating to the conservation of soil and land resources, and to the mitigation of the effects of erosion, salinity and flooding. [Long title amended: No. 42 of 1982 s. 4.] Part I — Preliminary [Heading inserted: No. 19 of 2010 s. 43(3)(a).] 1. Short title This Act may be cited as the Soil and Land Conservation Act 1945, and shall come into operation on a day to be fixed by Proclamation. [Section 1 amended: No. 42 of 1982 s. 5.] [2. Deleted: No. 42 of 1982 s. 6.] [Heading deleted: No. 19 of 2010 s. 43(3)(b).] 3. This Act to be supplementary to other Acts This Act shall be read in conjunction with and as being supplementary to the Acts mentioned in the Schedule to this Act, and the provisions of those Acts shall, so far as may be possible consistently with the objects and intentions thereof, be construed and applied with due regard to the objects and intentions of this Act and so that where effect can be given to the provisions of this Act without substantial interference with the operation of any of the provisions of any other of the said Acts, the provisions of this Act shall be deemed to be paramount and the provisions of such other Act shall be construed, take effect and be applied accordingly. 4. Terms used In this Act, unless the context or subject matter otherwise indicates or requires — appointed Council member means a Council member appointed under section 9A(3); appropriate officer means the officer of a Government department or public authority authorised by such department or authority in respect of any acts, matters or things in connection with which the expression is used; chief executive officer means chief executive officer of the Department; Commissioner means the person for the time being holding or acting in the office of the Commissioner of Soil and Land Conservation under this Act; Council means the Soil and Land Conservation Council established by section 9; Crown lands includes any lands vested in or controlled by any public authority; Department means the department of the Public Service principally assisting in the administration of this Act; district means a land conservation district constituted under section 22(1); district committee means land conservation district committee established under section 23(2); eutrophication means the deterioration of water quality resulting from the accumulation of nutrients in the water; financial year means the period beginning on and including 1 July in any calendar year and ending on and including 30 June in the next following calendar year; land conservation district means land conservation district constituted under section 22(1); land degradation includes — (a) soil erosion, salinity, eutrophication and flooding; and (b) the removal or deterioration of natural or introduced vegetation, that may be detrimental to the present or future use of land; occupier, in relation to land, means the person by whom or on whose behalf the land is actually occupied, or, if there is no such person, the person entitled to possession, and includes a person who, under a licence or concession relating to specified land vested in the Crown, has the right to take a profit à prendre in respect of the land; owner, in relation to land, includes every person who jointly or severally whether at law or in equity — (a) is entitled to the land for an estate of freehold in possession; or (b) is a person to whom the Crown has lawfully contracted to transfer the fee simple under the Land Administration Act 1997, or any other Act relating to the alienation of lands of the Crown; or (c) is entitled to receive or is in receipt of, or if the land were let to a tenant would be entitled to receive the rents and profits thereof whether as beneficial owner, trustee, or mortgagee; or (d) is the holder of any lease granted under the Land Administration Act 1997, or any other Act relating to the disposition of lands of the Crown; public authority includes — (a) the Ministers of the Crown charged respectively with the administration of the Acts mentioned in the Schedule to this Act; and (b) any Minister of the Crown charged with the administration of any Act relating to water supply, sewerage or drainage; and (c) any Minister of the Crown charged with the administration of the Public Works Act 1902, or responsible for any works which are by virtue of any other Act deemed to be public works for the purposes of that Act; and (ca) the Public Transport Authority of Western Australia established by the Public Transport Authority Act 2003 section 5; and (d) every board or local government established or constituted under any of the Acts mentioned in the Schedule to this Act; and [(e) deleted] (f) the CEO as defined in section 3 of the Conservation and Land Management Act 1984; and (g) the Commissioner of Main Roads; and (h) any other person or body declared by the Governor by Order in Council to be a public authority for the purposes of this Act; Registrar of Deeds and Transfers has the meaning given to that expression by the Registration of Deeds Act 1856; Registrar of Titles has the meaning given to that expression by the Transfer of Land Act 1893; relevant land registration officer, when used in Part IVA or section 34A in relation to land, means — (a) where the land is under the operation of the Transfer of Land Act 1893 or Land Administration Act 1997, the Registrar of Titles; and (b) where the land is alienated from the Crown but is not under the operation of the Transfer of Land Act 1893, the Registrar of Deeds and Transfers; salinity means deterioration in soil quality or water quality resulting from the accumulation of, or a variation in the amount of, any salt in soil or water; service charge means a charge imposed under section 25A(1a); soil conservation means the application to land of cultural, vegetational and land management measures, either singly or in combination, 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; soil conservation reserve means a soil conservation reserve created under this Act; Treasurer means the Treasurer of the State; unable to act, in relation to an office holder, includes being unable to act because the office holder is on leave, whether extended or not and whether for illness or not. [Section 4 amended: No. 32 of 1955 s. 3; No. 40 of 1974 s. 3; No. 63 of 1981 s. 4; No. 42 of 1982 s. 7; No. 98 of 1985 s. 3; No. 46 of 1988 s. 4; No. 91 of 1990 s. 4; No. 47 of 1994 s. 3; No. 73 of 1995 s. 188; No. 14 of 1996 s. 4; No. 57 of 1997 s. 111; No. 31 of 1997 s. 81(1)‑(3) and 141; No. 4 of 1999 s. 4; No. 31 of 2003 s. 168; No. 28 of 2006 s. 26; No. 77 of 2006 Sch. 1 cl. 158(1); No. 38 of 2007 s. 200; No. 19 of 2022 s. 4 and 19.] 4A. Regulations and soil conservation notices do not apply to prevent commercial harvest of plantation products (1) In subsection (2) — code of practice means a code of practice approved by the Commissioner and published in the Gazette; commercial purpose means the purpose of sale or any other purpose that is directed to financial gain or reward; notice means a soil conservation notice as defined in section 31; plantation means one or more groups of planted trees; product, in relation to a tree, includes the whole tree, a part of the tree or a thing produced by the tree whether or not the part of the tree or the thing produced by the tree is above or below the ground or has become separated from the tree before being harvested; regulation means a regulation made under section 22(2) or 48; tree means a perennial plant having one or more woody, self‑supporting trunks and includes a tree seedling and a sapling. (2) A regulation or notice is of no effect to the extent to which it purports to prevent the harvest for a commercial purpose of a product of a tree in a plantation if the harvest is being done, or is intended to be done, in accordance with a code of practice that applies at the time the harvest is being done, or is intended to be done. [Section 4A inserted: No. 56 of 2003 s. 7.] Part II — Administration Division 1 — General [Heading inserted: No. 19 of 2022 s. 5.] 5. Administration of Act (1) The Minister administering this Act shall be the Minister for Agriculture 1. (2) The expenses of the administration of this Act (including any grants made thereunder) shall be paid out of moneys provided by Parliament for the purpose. [6. Deleted: No. 42 of 1982 s. 8.] 7. Commissioner (1) There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 an officer to be designated "The Commissioner of Soil and Land Conservation". (2) The Commissioner shall give effect to such directions as the Minister or the chief executive officer gives to the Commissioner from time to time with respect to the Commissioner's functions, powers or duties under this Act, either generally or with respect to a particular matter. (3) The Commissioner shall have and exercise such powers, functions and authorities and shall perform and carry out such duties as are or may be conferred or imposed upon the Commissioner by or under this Act. (4) The Commissioner may, with the approval of the chief executive officer, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Commissioner, delegate to a person any of the Commissioner's powers or duties under this Act, other than this power of delegation. (5) For the purposes of this Act, the exercise of a power or the performance of a duty by a delegate under this section shall be deemed to be the exercise of the power or the performance of the duty by the Commissioner. (6) A delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices. (7) A delegation under this section may — (a) be made subject to such conditions, qualifications and exceptions as are set out in the instrument of delegation; (b) be revoked or varied by instrument in writing signed by the Commissioner. (8) The Commissioner may exercise a power or perform a duty notwithstanding that the Commissioner has delegated its exercise or performance under this section. [Section 7 amended: No. 32 of 1955 s. 4; No. 42 of 1982 s. 9; No. 46 of 1988 s. 19; No. 91 of 1990 s. 5; No. 32 of 1994 s. 3(2); No. 19 of 2022 s. 17.] 7A. Deputy Commissioner (1) There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 an officer to be designated "The Deputy Commissioner of Soil and Land Conservation". (2) Where the Commissioner is unable to act, or where the office of Commissioner is vacant, the Deputy Commissioner of Soil and Land Conservation shall act in the office of the Commissioner during that absence or incapacity or until the vacancy is filled, as the case requires, and while so acting shall — (a) have all the powers, functions and authorities; and (b) perform and carry out the duties, of the Commissioner under this Act. [Section 7A inserted: No. 40 of 1974 s. 4; amended: No. 42 of 1982 s. 10; No. 91 of 1990 s. 6; No. 32 of 1994 s. 3(2); No. 19 of 2022 s. 6.] 8. Officers and employees (1) There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 such officers and employees as may be necessary for the due administration of this Act. (2) For the purposes of this Act the Minister may — (a) with the approval of the Minister of the department concerned and on such terms as may be arranged, make use of the services of any of the officers or employees of any Government department; and (b) with the approval of the public authority concerned and on such terms as may be arranged, make use of the services of any of the officers, employees, or servants of any public authority. [Section 8 amended: No. 42 of 1982 s. 11; No. 32 of 1994 s. 3(2).] Division 2 — Soil and Land Conservation Council [Heading inserted: No. 19 of 2022 s. 7.] Subdivision 1 — Council constituted [Heading inserted: No. 19 of 2022 s. 7.] 9. Council established A body called the Soil and Land Conservation Council is established. [Section 9 inserted: No. 19 of 2022 s. 8.] 9A. Membership of Council (1) The Council consists of up to 10 members. (2) The Commissioner is a member of the Council. (3) The Minister may appoint up to 9 members. (4) The Minister must ensure that the Council members have, between them, expertise or experience in the following — (a) agricultural production; (b) environmental conservation; (c) land management; (d) local government and planning; (e) management of pastoral land; (f) soil conservation; (g) soil science. [Section 9A inserted: No. 19 of 2022 s. 8.] 9B. Chairperson and deputy chairperson (1) The Minister must designate a Council member to be the chairperson of the Council and another to be the deputy chairperson of the Council. (2) If the chairperson is unable to act or the position of chairperson is vacant, the deputy chairperson must act in the chairperson's place. (3) An act or omission of the deputy chairperson acting in the chairperson's place cannot be questioned on the ground that the occasion for acting had not arisen or had ceased. [Section 9B inserted: No. 19 of 2022 s. 8.] 9C. Terms and conditions of appointment (1) An appointed Council member — (a) holds office for the period, not exceeding 3 years, specified in the member's instrument of appointment; and (b) is eligible for reappointment. (2) Subject to this Division, an appointed Council member holds office on the terms and conditions of appointment determined by the Minister. [Section 9C inserted: No. 19 of 2022 s. 8.] 9D. Casual vacancies (1) The office of an appointed Council member becomes vacant if the member — (a) dies, resigns or is removed from office under this section; or (b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (c) is convicted of an offence punishable by imprisonment for more than 12 months; or (d) is convicted of an offence under section 11A(1). (2) An appointed Council member may at any time resign from office by writing signed and given to the Minister. (3) The Minister may remove an appointed Council member from office — (a) on the grounds of — (i) neglect of duty; or (ii) misconduct or incompetence; or (iii) mental or physical incapacity, other than temporary illness, impairing the performance of the member's duties; or (b) for any other reasonable cause. (4) In subsection (3)(a)(ii) — misconduct includes conduct that renders the appointed Council member unfit to hold office as a member even though the conduct does not relate to a duty of the office. [Section 9D inserted: No. 19 of 2022 s. 8.] 9E. Extension of term of office (1) If the office of an appointed Council member becomes vacant because the member's term of office expires by effluxion of time, the member continues to be a Council member during that vacancy until the earlier of — (a) the end of the period of 6 months immediately following the expiry of the term of office; (b) the vacancy being filled. (2) This section is subject to section 9D. [Section 9E inserted: No. 19 of 2022 s. 8.] 9F. Alternate members (1) If a Council member other than the Commissioner or the chairperson is unable to act, the Minister may appoint another person as an alternate member to act temporarily in the member's place. (2) If the deputy chairperson is acting in the chairperson's place, the Minister may, under subsection (1), appoint another person as an alternate member to act temporarily in the deputy chairperson's place. (3) While acting in accordance with their appointment, an alternate member is taken to be a Council member and to have the equivalent entitlements (if any) of the Council member in whose place they are acting. (4) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased. [Section 9F inserted: No. 19 of 2022 s. 8.] 10. Remuneration of members (1) A Council member is entitled to the remuneration and allowances determined by the Minister from time to time, on the recommendation of the Public Sector Commissioner, for that member. (2) Despite subsection (1), a Council member is not entitled to remuneration if the member holds a full‑time office or position that is remunerated out of money appropriated by Parliament. [Section 10 inserted: No. 19 of 2022 s. 8.] Subdivision 2 — Council procedures [Heading inserted: No. 19 of 2022 s. 9.] 11. Proceedings of Council (1) Meetings of the Council shall be held at such times and places as the Council or the chairperson from time to time appoints. (2) The quorum for a meeting of the Council is one half of the number of Council members. (2A) The presence of a Council member at a meeting of the Council need not be by attendance in person but may be by that member and each other member at the meeting being simultaneously in contact by telephone or other means of instantaneous communication. (3) Subject to this Act and the regulations the Council may regulate its own proceedings. (4) The Council may invite any member of a district committee or any other person to attend at any meeting of the Council and take part in any discussion on any matter being dealt with by the Council, but that member or other person is not entitled to vote on any such matter. [Section 11 amended: No. 67 of 1967 s. 4; No. 40 of 1974 s. 6; No. 42 of 1982 s. 13; No. 46 of 1988 s. 20; No. 91 of 1990 s. 16; No. 47 of 1994 s. 7; No. 19 of 2022 s. 10.] Subdivision 3 — Disclosure of material personal interests [Heading inserted: No. 19 of 2022 s. 11.] 11A. Disclosure of material personal interests (1) A Council member who has a material personal interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts become known to the member, disclose the nature and extent of the interest at a meeting of the Council. Penalty for this subsection: a fine of $5 000. (2) If a Council member has, in the opinion of the person presiding at a meeting of the Council, a material personal interest in a matter being considered or about to be considered by the Council, the person presiding — (a) may call on the member to disclose the nature and extent of the interest; and (b) if the member does not do so — may determine that the member has the interest. (3) A disclosure under subsection (1) or a determination under subsection (2) must be recorded in the minutes of the meeting. [Section 11A inserted: No. 19 of 2022 s. 11.] 11B. Participation by interested members (1) A Council member (the interested member) who has, or has been determined under section 11A(2)(b) to have, a material personal interest in a matter that is being considered by the Council — (a) must not vote (whether at a meeting or otherwise) on the matter; and (b) must not be present (whether in person or remotely) while the matter is being considered at a meeting. (2) A reference in subsection (1)(a) or (b) to a matter includes a reference to a proposed resolution under subsection (3) in respect of the matter, whether relating to the interested member or a different member. (3) The restrictions in subsection (1) do not apply to the interested member to the extent that the Council has at any time passed a resolution that — (a) specifies the interested member, the interest and the matter; and (b) states that the members voting for the resolution are satisfied that the interest should not disqualify the interested member from considering the matter or considering and voting on the matter. [Section 11B inserted: No. 19 of 2022 s. 11.] 11C. Quorum where section 11B applies Despite section 11(2), if a Council member is unable to act in relation to a matter under section 11B, a quorum is present during the consideration of the matter if the number of members present, who are entitled to vote in relation to the matter, is — (a) at least the quorum under section 11(2), less 1; and (b) not less than 3. [Section 11C inserted: No. 19 of 2022 s. 11.] Subdivision 4 — Miscellaneous [Heading inserted: No. 19 of 2022 s. 12.] 12. Secretary to Council The chief executive officer shall arrange for the Council to be provided with such secretarial personnel, facilities and services as may be needed in order for it to carry out its functions. [Section 12 inserted: No. 42 of 1982 s. 14; amended: No. 46 of 1988 s. 19; No. 91 of 1990 s. 16.] Part III — Functions and powers [Heading inserted: No. 42 of 1982 s. 15.] 13. Functions of Commissioner The general functions of the Commissioner shall include — (a) the prevention and mitigation of land degradation; and (b) the promotion of soil conservation; and (c) the encouragement of landholders and the public generally to utilise land in such a manner as will tend towards the prevention and mitigation of land degradation and the promotion of soil conservation; and (d) the education of landholders and the public generally in the objects and practice of soil conservation. [Section 13 inserted: No. 42 of 1982 s. 16.] 14. Duties of Commissioner The duties of the Commissioner shall include — (a) the carrying out of surveys and investigations to ascertain the nature and extent of land degradation throughout the State; (b) the investigation and design of preventive and remedial measures in respect of land degradation; (c) the carrying out of experiments and demonstrations in soil conservation and reclamation; (d) the recording and publishing of the results of such surveys, investigations, designs, experiments and demonstrations; (e) the dissemination of information with regard to land degradation and soil conservation and reclamation; (f) the instruction and supervision of landholders in matters pertaining to soil conservation and reclamation; (g) the advising and assistance of landholders whose land has been affected by land degradation; (h) the coordination, having regard to the purposes of this Act, of the policies and activities of Government departments and public authorities in relation to any of the foregoing matters, and in regard to the alienation, occupation and utilisation of Crown lands or other lands vested in public authorities; (ha) the collection of rates and service charges imposed under section 25A; (i) the carrying out of works authorised by this Act. [Section 14 amended: No. 42 of 1982 s. 17 and 42; No. 47 of 1994 s. 8; No. 4 of 1999 s. 5.] 15. Special powers of Commissioner With the approval of the Minister, the Commissioner may — (a) by agreement with the appropriate authorities, bodies or owners conduct experiments and demonstrations pertaining to soil conservation and reclamation on any lands; (b) employ such workmen and other persons as the Commissioner may require from time to time for the conduct of such experiments and demonstrations; (c) supervise the use and application by any authority, body or person of grants of money made to such authority, body or person for the carrying out of specific projects in furtherance of the objects of this Act. [Section 15 amended: No. 19 of 2022 s. 17.] 16. Functions of Council The functions of the Council are — (a) to advise the Minister as to the condition of soil and land resources; (b) to make recommendations to the Minister as to land use, soil and land conservation policy, and programmes for the implementation of that policy; (c) to coordinate, monitor, and review soil and land conservation programmes and activities; (d) to coordinate and advise on the implementation in the State of soil and land conservation programmes funded by the Government of the Commonwealth; (e) to supervise soil and land conservation programmes undertaken by the Government of the State; (f) to promote awareness of land degradation and conservation; (g) to coordinate the establishment of, and activities within, land conservation districts; (h) generally to assist the Commissioner in the carrying out of the Commissioner's functions under this Act and to carry out such functions under this Act as the Commissioner or the Minister, respectively, may refer to the Council. [Section 16 inserted: No. 91 of 1990 s. 8; amended: No. 19 of 2022 s. 17.] 17. Coordination of works of Government departments in respect of land degradation and soil conservation and reclamation (1) The Minister may arrange with the Minister of any other Government department or with any public authority for the carrying out by such department or public authority of any work required or authorised by or under this Act to be carried out by the Minister or the Commissioner. (2) The Commissioner shall endeavour to coordinate the services available in Government departments and public authorities for the carrying out of works relating to soil conservation or reclamation or mitigation of land degradation. [(3) deleted] (4) The Commissioner shall consult with any Government department or public authority undertaking any work likely to cause land degradation or to prejudice any project being undertaken under the authority of this Act, and where agreement cannot be reached between the Commissioner and a Government department or a public authority, the Commissioner shall submit to the Minister a full report of the circumstances. [Section 17 amended: No. 42 of 1982 s. 18 and 42.] 18. Powers to Government departments and public authorities Every Government department and every public authority is hereby authorised — (a) upon receipt of a request in writing from the Commissioner to carry out or take part in any survey, experiment or demonstration and to do all such acts and things as are directed or otherwise by or under this Act in all respects; and (b) generally to cooperate with the Commissioner to carry out the purposes of this Act. [Section 18 amended: No. 42 of 1982 s. 19.] 19. Commissioner may advise as to dealing with Crown land (1) The Commissioner may by writing addressed to the appropriate officer advise any Government department or public authority as to the alienation, disposal, occupation, care or use of any Crown lands in any case where the Commissioner considers that the matter of land degradation or soil conservation is relevant in respect of such alienation, disposal, occupation, care or use. (2) Copies of such advice shall be forwarded to the appropriate officer of any Government department which the Commissioner considers should be informed of such advice and may be published by the Commissioner. (3) Any Government department or public authority may refer to the Commissioner for investigation and report any question as to the appropriate use of any Crown land having regard to considerations of land degradation and soil conservation. (4) Every Government department shall upon a request by the Commissioner in writing addressed to the appropriate officer make available to the Commissioner any records of measures or operations for the prevention or mitigation of land degradation or any reports as to land degradation, soil conservation or the utilisation of land whether undertaken, made or received before or after the commencement of this Act. [Section 19 amended: No. 42 of 1982 s. 20 and 42; No. 47 of 1994 s. 9.] 19A. Alteration of covenants etc. of certain leases etc. (1) Where the Commissioner is satisfied that compliance with any covenant, condition, term or provision of any lease granted under the Land Administration Act 1997 or any mining tenement granted under the Mining Act 1978 would tend to cause land degradation on any land the Commissioner may so advise the Minister responsible for the particular Act. (2) Where the responsible Minister has been so advised the responsible Minister may, notwithstanding anything to the contrary contained in the Land Administration Act 1997 or the Mining Act 1978, as the case requires, vary, modify, revoke or add to the covenants, conditions, terms or provisions of the lease or mining tenement as the circumstances require. [Section 19A inserted: No. 42 of 1982 s. 21; amended: No. 31 of 1997 s. 141; No. 19 of 2022 s. 17.] 20. Carrying out of works by Minister or Commissioner (1) The Minister may carry out or authorise the Commissioner to carry out any work in connection with soil conservation or mitigation of land degradation or in connect