2019
2019
2019-11-22
act
government
publicgeneral
act.reprint
act-1987-015
allinforce
2019-09-17
2019-09-17
1
act-2019-015
f6ccaa51-b87a-4b26-96b4-9d56d2fb2e0e
bb8337fd-d1fa-40e8-90ef-3161387a981d
2019
none
An Act to provide for matters relating to farm
trespass and the defence of agricultural enterprises; and for other
purposes.
1Name of Act
This Act is the Right to Farm
Act 2019.
2Commencement
This Act commences on the date of assent to this
Act.
3Definitions
(1)
In this Act—
agricultural
activity means an activity carried out for, or in connection
with, agriculture.
agriculture includes
aquaculture and forestry.
commercial agricultural
activity means an activity carried out for or in connection
with a primary production business within the meaning of the Income Tax
Assessment Act 1997 of the
Commonwealth.
Note—
The Interpretation Act
1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
(2)
Notes included in this Act do not form part of
this Act.
4Commercial agricultural activities do not constitute
nuisance
No action lies in respect of nuisance by reason
only of the carrying out of any of the following activities if the activity is
carried out lawfully and not negligently and that type of activity has been
carried out on the land for at least 12 months—
(a)
a commercial agricultural
activity,
(b)
an activity carried out for the purposes of any
of the following—
(i)
any business or undertaking in which cattle,
poultry, pigs, goats, horses, sheep or other livestock are kept or bred for
commercial purposes (for example, a dairy, saleyard or
feedlot),
(ii)
a business or undertaking for the commercial
production of products derived from the slaughter of animals (including
poultry) or the processing of skins or wool of animals, including abattoirs,
knackeries, tanneries, woolscours and rendering plants,
(iii)
a business or undertaking for forestry (including
timber mills) or aquaculture,
(iv)
a show or competition involving livestock
(including a rodeo).
5Courts to not order cessation of agricultural activity if
other order available
(1)
This section applies if in proceedings a court
finds that a commercial agricultural activity carried out by a party to the
proceedings constitutes a nuisance.
(2)
The court must not order the complete cessation
of the commercial agricultural activity if the court is satisfied that it
could make an order that would permit the continuation of the activity in a
manner—
(a)
that is managed, modified or reduced,
and
(b)
consistent with an efficient and commercially
viable agricultural operation, and
(c)
unlikely to significantly disturb the other party
to the proceedings.
(3)
Subsection (2) does not limit or otherwise
prejudice the power of a court to make any other order it thinks fit in
respect of the nuisance, including an order as to damages or
costs.
6Regulations
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
Schedule 1Savings,
transitional and other provisions
Part 1Provisions consequent on enactment of this
Act
1Regulations
(1)
A regulation (a transitional
regulation) may make provision about a matter for
which—
(a)
it is necessary to make provision to allow or
facilitate the doing of any thing to achieve the transition to the operation
of this Act, and
(b)
this Act does not make provision or sufficient
provision.
(2)
A transitional regulation may have retrospective
operation to a day not earlier than the commencement of this
Act.
(3)
A transitional regulation must declare it is a
transitional regulation.
(4)
This clause and any transitional regulations
expire 2 years after the commencement of this Act.
2Existing proceedings
Sections 4 and 5 do not apply to proceedings
commenced before the commencement of this Act.
Schedule 2
sch 2: Rep 1987 No
15, sec 30C.
Historical notes
Table of amending instruments
Right to Farm Act
2019 No 15. Assented to 21.11.2019. Date of commencement,
assent, sec 2.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of amendments
Sch 2
Rep 1987 No 15, sec
30C.