Right to Farm Act 2019 (NSW)

Right to Farm Act 2019 No 15

An Act to provide for matters relating to farm trespass and the defence of agricultural enterprises; and for other purposes.

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).