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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Right to Farm Bill 2019
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Commercial agricultural activities do not constitute nuisance 2
5 Courts to not order cessation of agricultural activity if other order
available 2
6 Regulations 3
Schedule 1 Savings, transitional and other provisions 4
Schedule 2 Amendment of Inclosed Lands Protection Act 1901 No 33 5
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2019
New South Wales
Right to Farm Bill 2019
Act No , 2019
An Act to provide for matters relating to farm trespass and the defence of agricultural enterprises;
and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Right to Farm Bill 2019 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Right to Farm Act 2019.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
(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.
4 Commercial 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).
5 Courts 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.
Page 2
Right to Farm Bill 2019 [NSW]
(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.
6 Regulations
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.
Page 3
Right to Farm Bill 2019 [NSW]
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Part 1 Provisions consequent on enactment of this Act
1 Regulations
(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.
2 Existing proceedings
Sections 4 and 5 do not apply to proceedings commenced before the commencement
of this Act.
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Right to Farm Bill 2019 [NSW]
Schedule 2 Amendment of Inclosed Lands Protection Act 1901 No 33
Schedule 2 Amendment of Inclosed Lands Protection Act
1901 No 33
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
agricultural land means inclosed lands on which any of the following
businesses or undertakings are carried on--
(a) a farm, being any business or undertaking for agricultural purposes
(including an orchard, market garden, mushroom farm, vineyard, plant
nursery or turf farm),
(b) any other 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),
(c) 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,
(d) a business or undertaking for forestry (including timber mills) or
aquaculture.
[2] Section 4B(1)(h) and (i)
Insert at the end of section 4B(1)(g)--
, or
(h) damages property on agricultural land, or
(i) wilfully or negligently releases any livestock.
[3] Section 4B(1)
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an offence that occurs on agricultural land--
(i) 120 penalty units or imprisonment for 12 months, or both, or
(ii) 200 penalty units or imprisonment for 3 years, or both if--
(A) the offender was accompanied by 2 or more persons when
the offence occurred, or
(B) the aggravating circumstances were those set out in
subsection (1)(b), or
(b) for an offence that occurs on land other than agricultural land--50
penalty units.
[4] Section 4C
Insert after section 4B--
4C Direct, incite, counsel, procure, commission or induce aggravated unlawful
entry
A person must not direct, incite, counsel, procure, commission or induce the
commission, on agricultural land, of an offence against section 4B.
Maximum penalty--100 penalty units or imprisonment for 12 months, or
both.
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Right to Farm Bill 2019 [NSW]
Schedule 2 Amendment of Inclosed Lands Protection Act 1901 No 33
[5] Section 5
Omit the section. Insert instead--
5 Leaving gate open
(1) A person who enters into or upon the inclosed lands of any other person and
wilfully or negligently leaves open, removes or disables a gate is guilty of an
offence.
Maximum penalty--15 penalty units.
(2) A person who enters into or upon any road lawfully inclosed within the lands
of any other person through a gate (not being a public gate within the meaning
of the Roads Act 1993) and wilfully or negligently leaves open, removes or
disables the gate is guilty of an offence.
Maximum penalty--15 penalty units.
(3) In this section--
gate includes a cattle grid or any moveable thing used to inclose land including
a slip panel or moveable fence.
[6] Section 7A
Insert after section 7--
7A Act does not prevent permitted union activities or industrial action
(1) Nothing in this Act makes it an offence for a person (including a representative
of an industrial organisation) to enter or remain on inclosed land for the
purposes of activities permitted under the Industrial Relations Act 1996 or the
Fair Work Act 2009 of the Commonwealth.
(2) In this section--
industrial organisation means--
(a) an industrial organisation of employees, or the State peak council for
employees, within the meaning of the Industrial Relations Act 1996, or
(b) an employee organisation, or a peak council of employee organisations,
within the meaning of the Fair Work Act 2009 of the Commonwealth.
[7] Section 8
Omit the section. Insert instead--
8 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations are to be
disposed of summarily--
(a) by the Local Court, or
(b) by the Supreme Court in its summary jurisdiction.
(2) The maximum term of imprisonment that the Local Court may impose for an
offence against this Act or the regulations is 2 years or the maximum term of
imprisonment provided by law for the offence, whichever is the shorter term.
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