Soil Survey Act 1929

Queensland SOIL SURVEY ACT 1929 Reprinted as in force on 20 December 1995 (includes amendments up to Act No. 58 of 1995) Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy * Minor differences in style between this reprint and another reprint with the same number are due to the conversion to another software program. The content has not changed. Information about this reprint This Act is reprinted as at 20 December 1995. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • express gender specific provisions in a way consistent with current drafting practice (s 24) • use standard punctuation consistent with current drafting practice (s 27) • use expressions consistent with current drafting practice (s 29) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 39) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43). Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • table of obsolete and redundant provisions • table of renumbered provisions. Queensland SOIL SURVEY ACT 1929 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Powers of entry on land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 No action etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Table of obsolete and redundant provisions. . . . . . . . . . . . . . . . . . . . 8 7 Table of renumbered provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 s 1 3 s 3 Soil Survey Act 1929 SOIL SURVEY ACT 1929 [as amended by all amendments that commenced on or before 20 December 1995] An Act relating to the entry of land in Queensland by certain authorised persons for the purpose of making soil surveys in the State 1 Short title This Act may be cited as the Soil Survey Act 1929. 2 Definitions In this Act— “authorised person” means a person authorised by the Minister in the prescribed manner, either generally or for any particular purpose, in respect of a soil survey under this Act. “occupier” means the person in actual occupation of any land, or, if there is no person in actual occupation, the person entitled to the possession of the land. “owner” means the person for the time being entitled to receive the rents and profits of the land, whether on the person’s own account or as the agent of or trustee for any other person, or who would be entitled to receive the same if the land were let at a rent, and includes the registered proprietor under the Acts relating to real property and any person seised of the legal estate in land. “soil survey” means a soil survey under this Act. 3 Powers of entry on land (1) Notwithstanding anything contained in any Act or law or process of law to the contrary, for the purposes of making and carrying out a soil survey, any authorised person shall, at all reasonable times and as often as may be deemed necessary, have the unrestricted right to— s 3 4 s 3 Soil Survey Act 1929 (a) enter and re-enter from time to time upon any land with such assistants and any plant and equipment as are required; (b) dig and bore into any land so as to ascertain the nature of the soil in respect of the land; (c) take samples of the soil, earth, gravel, stone, or other material, or water, or of any plant growing on the land, for any purposes, scientific or otherwise, as may be necessary in respect of such soil survey; (d) make any inspection, investigation, or examination, and do all things necessary for the purposes of or incidental to such soil survey. (2) Where practicable, reasonable notice shall be given to the owner or occupier of the land by the authorised person of the intention to enter thereon and to exercise the powers conferred under this Act; and the authority under which the person entering claims to enter or has entered shall, if required by such owner or occupier, be produced and shown. (3) If any such entry to any land is refused to any authorised person by any occupier or owner of the land concerned, or if upon entry by an authorised person such authorised person is prevented or obstructed from exercising the powers conferred under this Act, any justice, on complaint by such authorised person, may (after reasonable notice in writing of the intention to make it has been given to the occupier or owner), by signed order, require the occupier or owner to permit such authorised person to enter the land, or upon entry by such authorised person upon such land to allow such authorised person to exercise the powers conferred under this Act, as the case may be. (3A) Any such order made by a justice shall continue in force until the necessary purpose has been completed. (3B) Any person who refuses to obey any order of a justice made under subsection (3) shall be liable to a penalty of 1 penalty unit. (4) Any person who wilfully obstructs any person acting under the authority of subsection (1) shall be liable to a penalty of 1 penalty unit (5) All penalties incurred under this Act may be recovered in a summary way on complaint of an authorised person, or any other person named in any authority of the Minister, under the provisions of the Justices Act 1886. s 4 5 s 4 Soil Survey Act 1929 4 No action etc. (1) Save as by subsection (2) with respect to payment of compensation, no action, indictment, information, claim, or other proceedings shall be commenced, presented, made, or prosecuted against the Crown or the Minister or an authorised person or any other person for any damage, loss, or expenses occasioned or alleged to be occasioned or in anywise whatsoever arising from the exercise of any of the powers and authorities under this Act. (2) However, if in the exercise of any powers under this Act any authorised person has been guilty of negligence in the carrying out of the person’s powers and authorities under this Act, whereby actual damage has been caused to the property of the owner or occupier, such owner or occupier may make a claim for compensation to the Minister. (3) Such claim shall clearly specify the name and address of the complainant, the name and address of the complainant’s solicitor (if any), the nature of the damage complained of and the cause thereof, the total amount of compensation claimed and particulars showing how such amount is arrived at, specifying in each case the exact amount claimed in respect of each particular item. (4) The claimant shall also give to the Minster all such further information and particulars relating to the claimant’s claim as the Minister reasonably requires. (5) The Minister may consider such claim, and may, if in the Minister’s discretion the Minister thinks fit, compensate such owner or occupier on such terms as may be mutually agreed upon. (6) Moreover the Minister or the owner or the occupier may, if in their discretion it is deemed fit and proper to do so, refer any such claim to any court of competent jurisdiction for hearing and determination. (7) In the hearing of such claim for compensation the onus of proving that the damage has been occasioned by the negligence of the authorised person shall lie on the claimant. (8) Regulations may be made to give full effect to the objects and purposes of this section. (9) In this section— “authorised person” includes the authorised person’s assistants and workers. s 5 6 s 5 Soil Survey Act 1929 5 Regulation making power The Governor in Council may make regulations under this Act. 7 Soil Survey Act 1929 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 7 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 20 December 1995. Future amendments of the Soil Survey Act 1929 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 prev = previous amd = amended (prev) = previously amdt = amendment proc = proclamation ch = chapter prov = provision def = definition pt = part div = division pubd = published exp = expires/expired R[X] = Reprint No.[X] gaz = gazette RA = Reprints Act 1992 hdg = heading reloc = relocated ins = inserted renum = renumbered lap = lapsed rep = repealed notfd = notified s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 1992 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered 8 Soil Survey Act 1929 4 List of legislation Soil Survey Act 1929 20 Geo 5 No. 29 date of assent 23 December 1929 commenced on date of assent amending legislation— Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent 5 List of annotations Preamble om 1995 No. 58 s 4 sch 1 Definitions prov hdg sub 1995 No. 58 s 4 sch 1 s 2 def “Land” om 1995 No. 58 s 4 sch 1 def “Minister” om 1995 No. 58 s 4 sch 1 def “Person” om 1995 No. 58 s 4 sch 1 def “Prescribed” om 1995 No. 58 s 4 sch 1 def “This Act” om 1995 No. 58 s 4 sch 1 Powers of entry on land s 3 amd 1995 No. 58 s 4 sch 1 No action etc. s 4 amd 1995 No. 58 s 4 sch 1 Regulation making power s 5 sub 1995 No. 58 s 4 sch 1 6 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context Acts Interpretation Act 1954 s 32A 9 Soil Survey Act 1929 7 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 3(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . .3(3A) 3(3), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . .3(3B) 4, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(1) 4, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(2) 4, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .4(3) 4, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(4) 4, 4th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(5) 4, 5th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(6) 4, 6th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(7) 4, 7th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(8) 4, 8th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(9) © State of Queensland 2002