Primary Industry Activities Protection Act 1995 (Tas)

Primary Industry Activities Protection Act 1995

An Act to protect persons engaged in primary industry by limiting the operation of the common law of nuisance in respect of certain activities that are incidental to efficient and commercially viable primary production [Royal Assent 24 November 1995]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Primary Industry Activities Protection Act 1995 .

2. Commencement This Act commences on the day on which it receives the Royal Assent.

3. Interpretation (1) In this Act – farm means an area of land that – (a) is primarily being used for, or in connection with, primary industry; and (b) is not Crown land, or land owned by the Forestry corporation, that is used for planting trees, establishing forests or growing or harvesting timber; and (c) is being used, or being prepared for use, by the occupier of the land as a primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth; Forestry corporation has the same meaning as in the Forest Management Act 2013 ; nuisance means a public or private nuisance actionable at common law; primary industry includes the following: (a) planting, growing or harvesting crops; (b) breeding, rearing or managing livestock; (c) agisting livestock; (d) obtaining dairy, wool, eggs or other produce from livestock; (e) obtaining juice, seeds or other produce from crops; (f) planting trees, establishing forests or growing or harvesting timber; primary industry activity means an activity which – (a) (b) is carried out for, or in connection with, primary industry; and (c) does not contravene, or fail to comply with, an enactment of the State or Commonwealth or a council by-law; timber has the same meaning as in the Forest Practices Act 1985 . (2) . . . . . . . .