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RIGHT TO FARM ACT 2019 - SECT 5
Courts to not order cessation of agricultural activity if other order available
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.
(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.
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