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You are here: Agriculture » About Agriculture » Legislation and Regulation » Your Responsibilities » Soil Management

Soil Management: Legal Booklet

About the booklet

• Key terms, acronyms and abbreviations
• Introduction
• Relevant laws, guidelines and Codes
• Roles and responsibilities
• Legislation and the farmer
• Further information

Key terms

Ecosystem – A biological community and its environment. All the dynamic interactions between plants, animals, and the physical environment in which they live make up an ecosystem.

Ecosystem services – Ecosystem processes that are of direct benefit to humans (e.g. carbon sequestration, water production, pest control).

Land Management Notice – A notice issued under the Catchment and Land Protection Act 1994 prohibiting or regulating land use or land management practices or requiring specific action to be taken to improve land management practices or prevent or minimise land degradation.

Land Use Condition – Under Special Area Plans, Land Use Conditions may be invoked if a particular land use activity is likely to result in a deterioration in water quality and impose a health risk to domestic water supplies. These are negotiated with the landholder and, once imposed, remain a legal obligation on the landholder and successive landholders until revoked.

Sedimentation – The build up of sediment (soil) in a water body.

Soil acidification – A naturally occurring soil chemical process. This process occurs very gradually in undisturbed ecosystems but can be accelerated by agriculture. Soil acidification is an environmental issue because it can:

• reduce plant growth and productivity
• decrease the availability of essential plant nutrients and increase the impact of toxic elements
• restrict soil biological activity
• increase risks of soil structure decline, erosion and salinity

The cost of lost productivity to Victoria due to soil acidification is estimated at $470 million per year. Soil acidification is accelerated by some land management practices and the area of acid soil is increasing. Victoria has up to 8.6 million ha of acidic soils including 4-5 million ha of strongly acidic soils, which mostly occur naturally and are indistinguishable from those with accelerated acidification.

Soil health – The continued capacity of a soil to function as a living system. Healthy soils sustain biological productivity, maintain air and water quality and promote plant, animal and human health. The health of a soil is a product of its inherent properties and its management or use.

Special Area Plan – Catchment land use and management plans specifying wherevarious land uses may be undertaken and how they should be undertaken, to minimise any adverse effects.

Acronyms / abbreviations

• CaLP Catchment and Land Protection (Act 1994)
• EPA Environment Protection Authority
• CMA Catchment Management Authority
• LMN Land Management Notice
• DPI Department of Primary Industries
• SEPPs State Environment Protection Policies
• DSE Department of Sustainability and Environment
• VRO Victorian Resources Online

Introduction

All Victorian land owners, or the occupiers of the land, have a legal responsibility to manage and maintain the soil on their land in a sustainable manner. To maintain and improve the health of the soil, long-term practices should be adopted and maintained to sustain healthy soil.

Good soil management increases soil water storage, improves water quality and builds soil carbon. It is also plays a significant role in meeting broader natural resource management goals relating to net greenhouse gas emissions and improving water yields and quality.

Soil underpins all of Victoria's terrestrial ecosystems, storing and releasing water, recycling nutrients, sequestering carbon, enabling the growth of plants and absorbing waste. Soil is the engine room of food production, an archive of human and natural history and host to extraordinary biodiversity. It plays a fundamental role in the carbon cycle, the water cycle, and food production.

Soil health relates to the capacity of the soil to function within the ecosystem and to sustain plant and animal production. Healthy soils sustain biological productivity, maintain air and water quality and promote plant, animal and human health. The health of a soil is a product of its inherent properties and its management or use.

Poor soil management threatens the capacity of soils to produce ecosystem services due to soil structure decline, nutrient decline and acidification. It can also produce negative off-site impacts, including sedimentation of rivers and water storages, and wind-borne soil can pose health risks.

Relevant laws, guidelines and Codes

Catchment and Land Protection Act 1994

This Act establishes a framework for the integration and co-ordination of catchments in Victoria and to encourage the involvement of landholders and other community members in catchment management. The broad aim is to conserve the environment while maintaining and enhancing long-term land productivity. Further, it aims to ensure that the quality of the land and water resources in Victoria, and their associated plant and animal life, are maintained and enhanced.

The Catchment Management Authorities (CMAs) develop strategies and plans that may be incorporated into a planning scheme under the Planning and Environment Act 1987 or into a State Environment Protection Policy (SEPP) under the Environment Protection Act 1970. The first step by a land owner within a catchment is to ascertain the existence and status of the strategy or any plans.

The CaLP Act is the main Act in Victoria that deals with soil management and it requires that land owners must take all reasonable steps to conserve soil, as well as to avoid doing anything that would cause or contribute to land degradation on someone else's land.

Environment Protection Act 1970

The Environment Protection Act 1970 governs farm waste management and soil in Victoria. This Act sets out general offences relating to pollution and to causing or permitting an environmental hazard. It provides for hefty fines and penalties for soil pollution offences.

The Environment Protection Act 1970 sets out certain principles relating to the shared responsibility by all levels of Government, industry, business, community and the people of Victoria.

There are a range of associated regulations, SEPPs, Waste Management Policies and Guidelines. These are administered and enforced by the Environment Protection Authority (EPA).

SEPPs aim to safeguard the environmental values and human activities (beneficial uses) that need protection from the effects of pollution and waste. Relevant SEPPs for farmers include SEPP (Waters of Victoria), SEPP (Groundwaters of Victoria) and SEPP (Prevention and Management of Contamination of Land).

Water Act 1989

The Water Act 1989 provides guidance for the management of waterways and swamps. Before considering draining a wet area you should contact your local CMA and regional water authority for advice, as a permit may be required.

Further, the Water Act 1989 provides specific guidance for dairy farmers on the benefits of getting cows off wet paddocks.

Planning and Environment Act 1987

Under this Act (and the relevant planning scheme), a land owner may require a permit to clear native vegetation that could result in a loss of biodiversity and/or soil degradation.

Aboriginal Heritage Act 2006

Land owners or occupiers should be aware of the Aboriginal heritage legislation. Before undertaking any works on a farm that would result in disturbance to land, water or vegetation you should contact the local CMA, DPI or Aboriginal Affairs Victoria.

One of the main objectives of the Aboriginal Heritage Act 2006 is to promote the management of Aboriginal heritage as an integral part of the land and natural resources management. For example, control or management activities (e.g. rabbit warren ripping, cultivation of the soil) must not disturb or destroy culturally significant sites.

Codes of Practice

Code of Practice Piggeries 1992

The Code of Practice – Piggeries is the current Code for all piggery developments in Victoria. It specifies minimum standards that apply to new piggeries, or where there are substantial modifications to existing piggeries. It is designed to assist municipal councils, pig producers and planning authorities in the proper establishment and operation of new piggeries or where there are major modifications to existing piggeries.

The Code also covers emission to air from buildings, effluent collection system within all pig buildings, effluent collection system outside all pig buildings (but within the piggery compound), noise and waste water (which also includes slurries) or solids that are discharged off the premises and subsequently re-used (e.g. to irrigate a neighbour's property).

Code for Cattle Feedlots 1995

The Victorian Code for Cattle Feedlots was developed to facilitate the financially and environmentally sound development of cattle feedlots in Victoria. The State Government, in conjunction with both industry and the wider community has developed the Code.

The Code for Cattle Feedlots is a State planning document and is incorporated into all planning schemes in Victoria.

The local Council is responsible for implementing the Code on a specific feedlot development. DPI provides executive support to the Victorian Feedlot Committee who administrates the Code within the State.

Design and operational requirements cover odour, noise along with waste storage, treatment and use. The Code covers water supply catchment in which feedlots are prohibited and also provides details of a waste management plan.

Code for Broiler Farms 2009

The Victorian Code for Broiler Farms was established within the Victorian planning provisions and replaces the 2001 Code.

The Code provides a basis for the planning, design, assessment, approval, construction, operation and management of broiler farms in Victoria. It seeks to present an appropriate balance between the operational needs of the broiler farm industry and the protection of the environment, particularly the air environment for people who live near broiler farms.

Under the Planning and Environment Act 1987 a planning permit is required for all broiler farm development. Compliance with the Victorian Code for Broiler Farms 2009 is applicable and mandatory for the establishment of all new broiler farms and expansion of existing broiler farms.

Legislation and the farmer

Key questions for farmers about waste management

Consider the following questions. If you are unsure of the answers to these questions, look through the table on the following pages for more information or phone DSE Customer Service Centre on 136 186.

• Have you prevented land degradation on your property?
• Does a Special Area Plan affect your property?
• Do you plan to buy a property that may be affected by the previous owner having been served with a Land Management Notice (LMN)?
• Do you plan to extract large amounts of soil, gravel or sand from your property?
• Are any of your activities polluting the soil in a way that is harmful to humans or animals?
• Do you plan to establish a rubbish dump on your land?

Farm activity or situation	On-farm obligations or implications
Land degradation and soil conservation	Under the CaLP Act land owners must take all reasonable steps to conserve soil. They must also avoid doing anything that would cause or contribute to land degradation on someone else's land.
Complying with land management notices	The CaLP Act allows for the DSE Secretary to serve land owners, or land occupiers, with a land management Land Use Condition or a LMN to prohibit or regulate land use or land management practices notices or require specific action to be taken to improve land management practices or prevent or minimise land degradation. A LMN is also binding on any subsequent owners of that land.
Farming in special areas	As part of the Regional Catchment Strategies part of a region may be declared a 'special area'. For this special area, a Special Area Plan will be devised. This Special Area Plan will include detail on land use and water management in the special area. 'Special areas' include both public and private land. Your farm could be part of a 'special area'. To find out if your farm is in a 'special area', contact the CMA in your region. The regulatory mechanism for Special Area Plans is a land use condition notice issued by DSE. This will require you to take some action or prevent you from undertaking a particular course of action. If you sell your property the land use condition will continue to apply to the next land owner. If you disagree with the land use condition, you may apply to DSE to revoke it.
Extracting soil	There are limits placed on the sale or removal of soil, gravel or stone. These will not ordinarily apply to a landholder as they apply if a landholder extracts up to two metres below the natural surface of the soil (and if the intention is to do this over an area which is more than two thousand square metres). If this level of extractive activity is intended then a permit must be obtained. To undertake this volume of extraction without a permit is an offence. You do not need to get an authority if you are grading the soil for the purposes of primary production. Under the CaLP Act, you must obtain a permit to remove or sell soil which contains, or is likely to contain, any part of a noxious weed, or comes from land on which noxious weeds grow.
Soil pollution	The Environment Protection Act 1970 is designed to prevent air and water, as well as soil pollution. If you are responsible for soil pollution that is serious enough to cause harm to humans or animals, or prevent beneficial use of the land, this is considered an offence, and you may be prosecuted. If you wish to establish a site for disposing of rubbish, waste, or soil and rocks, it should not be offensive to human beings, or interfere with the groundwater. Relevant to the landholder's duties regarding soil management are the requirements for the safe disposal of chemicals (see the Waste Management booklet in this series).

ISBN 978-1-74264-488-2 (print)
ISBN 978-1-74264-489-9 (online)