In the Act, land is defined to include soil, water, vegetation and fauna on the land. Land degradation problems severely affect the productive capacity of farming land and the environment. These problems include:
Your rights and responsibilities
Land Management and Interim Land Management Notices
As outlined above, land owners have duties to take all reasonable steps to:
- avoid causing or contributing to land degradation that causes or may cause damage to another landowner; and
- conserve soil.
If you fail to comply with these duties, or you have failed to comply with a priority or directions notice, you may be issued with a Land Management Notice or an Interim Land Management Notice.
Difference between a Land Management Notice and an Interim Land Management Notice
Interim Land Management Notices
The main difference between a Land Management Notice and an Interim Land Management Notice, is that interim notices are issued when there is an immediate and serious threat of land degradation that could be prevented or minimized by appropriate action.
The Interim Land Management Notice will require the land owner to take the appropriate action within 60 days (unless revoked sooner). After this period, an authorised officer has the right to enter and search your land, without your consent, to determine whether the notice has been complied with.
Land Management Notices
The scope of what a Land Management Notice can require a landowner to do is very broad. The notice can:
- Prohibit or regulate land use or land management practices.
- Require a specific action to be taken to:
- Improve land management practices;
- Prevent or minimize land degradation;
- Rehabilitate degraded land.
- Or anything necessary to deal with the relevant land issue.
A Land Management Notice must state the time period which the landowner has to comply with the notice. After this time an authorised officer may enter and search the land:
- At any reasonable time, provided 24 hours notice has been given to the land occupier and they have not responded to the notice refusing entry.
- At any time, with or without consent, if an authorised officer believes that a serious land degradation problem exists on the land.
The penalty for not complying with a:
- Land Management Notice is $24,000.
- Interim Land Management Notice is $12,000.
What if I didn't know about the notice?
The law requires that all reasonable steps be taken to serve landowners with Land Management Notices, therefore it is highly unlikely that a landowner will not be aware of a notice. Penalties apply if:
- You have been served the notice; or
- You are aware of the content of the notice from a statement under the Sale of Land Act when you bought the property; or
- At the time of buying the property, you were aware or should have been aware of the notice.
It is important to note that a Land Management Notice is binding on both the landowner on whom it is served, and on any subsequent land owner as if the notice had been served on them. Therefore, when buying rural property it is necessary to check whether the land is subject to a Land Management Notice, and when selling, it is important to inform the purchaser.
Special Area Plans and Land Use Conditions
Due to the quality or condition of the land, water quality or aquatic habitats, aquifer recharge areas or aquifer discharge areas, the Minister may order that a Special Area Plan be created for specific area.
A Special Area Plan is a document created to deal with specific land management issues in a special area. It details the land management issues, the necessary action to be taken, targets, and allocation of responsibilities and costs.
Special Conditions - Responsibilities of Landowners
Special Area Plans may allow for land use conditions to be imposed on land owners. These conditions may regulate or restrict the use of land, and my impose costs on landowners.
If you are a landowner that is required to comply with land use conditions, you will be served with the conditions. It is important to note that the land use conditions are binding on the landowner who is actually served and also any subsequent land owner. Therefore, when buying or selling a property you should be aware to check or disclose land use conditions as appropriate.
The land use conditions will include:
- The actual conditions that need to be complied with.
- Reference to the Special Area Plan.
- Properties to which the conditions apply.
- Estimate of costs and cost apportionment.
- Any amount the landowner will need to pay.
It is an offence not to comply with land use conditions. The penalty for failure to comply is $6 000.
If an authorised officer has reasonable grounds to believe that a serious land degradation problem exists on the land, they may enter and search the land, without consent, to determine if land use conditions are being complied with.
Authorised officers have a wide range of powers to enter, search, take samples and investigate breaches of the Catchment and Land Protection Act 1994 (Vic).
The powers relate to the entering and searching of land but not dwellings.
Different types of entry by authorised officers are permitted depending on the particular circumstances.
For a detailed account of authorised officers rights of enforcement, refer to Part 9 Division 1 of the Catchment and Land Protection Act 1994 (Vic).
This can be conducted for any suspected breach of the Act or regulations.
As a landowner you must consent to the authorised officer entering your property or taking samples. Prior to giving this consent the authorised officer must explain the landowner’s rights, including the purpose of the search, and that the landowner may refuse:
- to allow the authorised officer entry;
- to allow the authorised officer to conduct examinations;
- to answer questions;
- to allow samples to be taken.
Any samples that are taken, require the landowner’s signed consent, which the landowner receives a copy.
If an authorised officer believes that a landowner is in breach of their duties has not complied with a priority or directions notice, or the period of a Land Management Notice has expired; the officer may enter a property if they have given the landowner at least 24hrs notice.
A landowner has the right to respond to the notice and refuse entry, in which case the authorised officer may not enter and search the land.
In an Emergency Entry, an authorised officer is permitted to enter and search the land:
- If it is suspected that there is a prohibited weed on the land or to assess if an Interim Land Management Notice has been complied with (must be after expiration of the notice).
- If it is suspected that there is a serious land degradation problem and the landowner is not complying with their duties.
- If it is suspected that there is unauthorised extraction of land.
- To determine if any notices, orders or land use conditions need to be imposed on the land.
- To determine if a Land Management Notice has been complied with (after the expiration of the notice).
Entry and searches can be conducted with or without the landowner being present. If the landowner is not present, the authorised officer must leave a notice setting out the details of the entry.
Warrants may be issued by a magistrate to an authorised officer to enter and search land. Warrants can be issued on the grounds that the authorised officer suspects there is any breach to the Catchment and Land Protection Act 1994 (Vic) or its regulations.
Warrants allow an authorised officer to enter land by use of force if necessary, and undertake and exercise a range of powers, including to search and seize.
Authorised officers conducting searches under warrants:
- Must announce that they are authorised to enter the land in accordance with a warrant, and give the land owner reasonable opportunity to allow entry to the land, unless they consider immediate entry is necessary to implement the purpose of the warrant.
- Must provide details of the warrant to the landowner.
- Cannot arrest anyone.
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