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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Environment Protection (Right to Farm) Amendment
Bill 2009
A BILL FOR
An Act to amend the Environment Protection Act 1993; and to
make a consequential amendment to the Land and Business (Sale and
Conveyancing) Act 1994.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Environment Protection
Act 1993
4 Insertion of section
124A
124A Defence for farming activities
5 Amendment
of section 130—Reports in respect of alleged contraventions
Schedule 1—Related amendment to Land and Business
(Sale and Conveyancing) Act 1994
1 Amendment of section
7—Particulars to be supplied to purchaser of land before
settlement
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Environment Protection (Right to Farm)
Amendment Act 2009.
This Act will come into operation 2 months after the date of
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Environment Protection
Act 1993
After section 124 insert:
124A—Defence for farming
activities
(1) It will be a defence in any criminal proceedings, or in any
proceedings for the payment of an amount as a civil penalty, in respect of an
alleged contravention of this Act if it is proved that the alleged contravention
resulted from a protected farming activity.
(2) In this section—
protected farming activity means a farming activity that
conforms with—
(a) if the regulations prescribe a code of practice for that farming
activity—the prescribed code of practice; or
(b) in any other case—generally accepted standards and practices for
that particular farming activity.
5—Amendment of
section 130—Reports in respect of alleged
contraventions
Section 130—after its present contents (now to be designated as
subsection (1)) insert:
(2) However, if the Authority or an administering agency is satisfied that
an allegation relates to a protected farming activity, the Authority or agency
should advise the person making the allegation of that opinion and decline to
take any further action in relation to the allegation.
(3) In this section—
protected farming activity has the same meaning as in
section 124A.
Schedule 1—Related
amendment to Land and Business (Sale and
Conveyancing) Act 1994
1—Amendment of
section 7—Particulars to be supplied to purchaser of land before
settlement
Section 7(5)—after the definition of acquired a relevant
interest in the land insert:
prescribed matters means—
(a) any protected farming activities (within the meaning of
section 124A of the Environment Protection Act 1993), whether
on the land or elsewhere, that may affect the use or enjoyment of the land;
and
(b) any other matters prescribed by regulation.