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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
A BILL FOR
An Act to ensure that properly conducted farming activities are adequately
dealt with under planning and development laws and are given protection from
certain liability; and to make related amendments to the Development
Act 1993, the Environment
Protection Act 1993 and the Land
and Business (Sale and Conveyancing) Act 1994.
Contents
1Short title
2Commencement
3Interpretation
4Objects
5Defence for farming activities
6Planning
principles
7Regulations
Schedule 1—Related amendments and
transitional provisions
Part 1—Related
amendments to Development Act 1993
1Amendment of section 22—The Planning
Strategy
Part 2—Related
amendments to Environment Protection Act 1993
2Amendment of section
130—Reports in respect of alleged contraventions
Part 3—Related
amendments to Land and Business (Sale and Conveyancing)
Act 1994
3Amendment of section 7—Particulars to be
supplied to purchaser of land before settlement
Part 4—Transitional
provisions
4Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Right to Farm Act 2012.
This Act will come into operation 2 months after the date of
assent.
In this Act, unless the contrary intention appears—
farming activity includes any form of primary
production;
protected farming activity means a farming activity that is
being carried out lawfully on land and 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.
The objects of this Act are—
(a) to ensure that protected farming activities are not adversely impacted
by changes in land use; and
(b) to ensure that the planning system adequately addresses issues of food
security and the importance of ensuring the continued viability of farming
activities.
5—Defence
for farming activities
(1) It will be a defence in any proceedings for a prescribed offence if it
is proved that the alleged offence resulted from the defendant carrying out a
protected farming activity.
(2) No prescribed civil liability lies in respect of an act or omission
that is a protected farming activity.
(3) In this section—
prescribed civil liability means—
(a) liability to a civil penalty under the Environment
Protection Act 1993; or
(b) liability in nuisance; or
(c) civil liability of a kind prescribed by regulation;
prescribed offence means—
(a) an offence against the Environment
Protection Act 1993; or
(b) an offence of a kind prescribed by regulation.
(1) The Minister must, within 6 months after the commencement of this
section, develop planning principles that are consistent with, and seek to
further, the objects of this Act.
(2) The Minister
must undertake public consultation in developing, or subsequently altering, the
planning principles in such manner as the Minister thinks fit.
(3) The planning
principles developed under this section, and any subsequent alterations to those
principles, will have effect from the day on which they are published in the
Gazette.
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for the
purposes of, this Act.
(2) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors; and
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or some
other person.
(3) The regulations may refer to or incorporate, wholly or partially and
with or without modification, a code, standard or other document prepared or
published by a prescribed body, either as in force at the time the regulations
are made or as in force from time to time.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Schedule 1—Related
amendments and transitional provisions
Part 1—Related amendments to Development
Act 1993
1—Amendment
of section 22—The Planning Strategy
Section 22(3a)—after paragraph (d) insert:
and
(e) the planning principles under section 6 of the Right
to Farm Act 2012,
Part 2—Related amendments to Environment
Protection Act 1993
2—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 the
Right
to Farm Act 2012.
Part 3—Related amendments to Land and
Business (Sale and Conveyancing) Act 1994
3—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 Right
to Farm Act 2012) whether on the land or elsewhere, that may affect
the use or enjoyment of the land; and
(b) any other matters prescribed by regulation.
Part 4—Transitional
provisions
The Minister responsible for the administration of the Development
Act 1993 must ensure that any relevant Development Plans under that
Act are reviewed within 6 months after alterations are made to the Planning
Strategy in pursuance of section 22(3a)(e) of that Act (as amended by this
Schedule) for the purpose of determining whether any amendments should be made
to the Development Plans on account of those alterations.