Legislation
There are around 1600 Acts passed by the Parliament of South Australia that relate to:
- the agriculture, fishery and forestry industries
- natural resource management.
These represent the most comprehensive set of policy documents that have guided SA’s farming sector. The Acts track changes in the State Government’s objective to establish profitable and sustainable primary industries – the main source of wealth to the developing colony.
The Acts and amending Acts listed below are supported by Regulations, which are also listed. Not all historical legislation has been incorporated in the collection. In some instances, there are also related Notices, Indentures, Codes of Practice, Policies or Directions.
Researchers are advised to consult the statute books for Acts that may have been omitted.
Main Acts, regulations, and second reading speeches
The legislation lists include a summary for each Act passed until the bi-cameral system of Parliament commenced.
From 1857, the second reading speech for each Act is also provided. These state the purpose of the legislation and highlight key leaders associated with its development.
The legislation lists are extensive and will take time to load.
Evolution of legislation
When Europeans settled South Australia in 1836, a colonial system of government was established. The colony was ruled by a Governor, accountable to the British Crown, not to the people of SA.
The Governor carried out law and order, including making legislation. This involved consideration by a Council of Government (Executive and Legislative), comprising 5 members, including the Governor.
In 1843, the Council was expanded to 7 members and the name changed to Legislative Council. All members were nominated by the Crown. In 1851, the Legislative Council grew further to 8 nominated members and 16 elected members.
Bi-cameral system of government
From 1857, South Australia became self-governing with a Constitution and a Parliament to pass legislation.
The Parliament comprised a Legislative Council and a House of Assembly. The SA Department of Agriculture administered legislation through respective Ministers.
Stages of passing an Act
Stages of passing an Act
- Notice of Motion – the Minister gives a notice of motion seeking leave (permission) to introduce a Bill.
- First Reading – the Bill is introduced with a first reading, where the title of the Bill is read by the Clerk.
- Second Reading – the Minister outlines the principles of the Bill with the second reading. This is followed by debate where ministers express their opinions on the principles of the Bill. If the House agrees, the Bill proceeds either:
- to the Committee Stage (Committee of the Whole) for amendments
- directly to the third reading stage.
- Committee of the Whole (optional) – the Bill may be considered in detail and may be amended.
- Third Reading – the third reading allows for final consideration of the Bill. If the third reading of the Bill is agreed to, the Bill has passed all stages in the House of origin.
- Transmission to the other House – the Bill, having passed all stages in the House of origin, is moved to the other House where the process is repeated (First Reading, Second Reading, Committee of the Whole, Third Reading).
- Assent – once the Bill has been passed in both Houses, the Bill is forwarded to the Governor for Assent (agreement). An Act of Parliament is proclaimed.
A record of proceedings also commenced known as Hansard – the official report of the debates of the Parliament. This included second reading speeches, often explaining the principals behind draft legislation.
There is no official record of the proceedings or debates of the Council of Government, or the Legislative Council before 1857.
Key agricultural topics
Most legislation introduced during the 1800s was associated with managing livestock and preventing the spread of pests, diseases and weeds. The other areas of importance were the:
- lease arrangements for the pastoral industry
- subdivision of land for closer settlement
- establishment of irrigation settlements along the River Murray.
From 1915 onwards, legislation was added to the statute books for quality control, processing, and marketing farm produce. In the 1930s, legislation appeared for land, water and natural resource management via irrigation and soil conservation.
Legislation associated with drought, hailstorms, bushfires and financial relief have supported the State’s farming communities. The quality of farming inputs such as fertilisers, chemicals, and veterinary medicines have also been controlled through legislation.
In 1998, the Department (then called Primary Industries and Resources SA), had the second largest portfolio of current Acts (59) to administer within SA Government.
During the late 1990s, the Federal Government introduced the National Competition Policy which drove an overhaul of agriculture industry legislation. This resulted in the:
- removal of anti-competitive elements
- repeal of many Acts
- upgrade of all legislation.