Right to Farm Act 2019 No 15

To provide for matters relating to farm trespass and the defence of agricultural enterprises.

To prevent lawfully and non-negligently conducted commercial agricultural activities from being considered a nuisance.
To ensure that courts do not order the complete cessation of a commercial agricultural activity if alternative orders allowing its managed, modified, or reduced continuation are available.

Commercial agricultural activities do not constitute a nuisance if carried out lawfully, non-negligently, and if the type of activity has been carried out on the land for at least 12 months.
Courts must not order the complete cessation of a commercial agricultural activity if an order allowing its continuation in a managed, modified, or reduced manner, consistent with an efficient and commercially viable agricultural operation, and unlikely to significantly disturb the other party, can be made.
The Governor may make regulations necessary or convenient for carrying out or giving effect to this Act.
Sections concerning nuisance and cessation orders do not apply to proceedings commenced before the commencement of this Act.

Lawful Conduct: Agricultural organisations must ensure all activities are carried out lawfully. This implies maintaining licences, permits, and adherence to all applicable laws and regulations relevant to their specific agricultural operations.
Non-Negligent Conduct: Activities must be carried out without negligence. This requires adherence to industry best practices, safety standards, and reasonable care in operations. Evidence might include operational procedures, training records, or incident reports demonstrating a lack of negligence.
Activity Duration Record: To claim the nuisance defence, the specific type of commercial agricultural activity must have been carried out on the land for at least 12 months. Agricultural organisations should maintain records demonstrating the commencement date and continuous operation of the specific type of activity on the land (e.g., historical production records, sales invoices, livestock acquisition dates, forestry harvest records).
Operational Viability for Court Orders: If facing a nuisance claim, agricultural organisations seeking a modified continuation order must satisfy the court that the activity can be continued in a manner consistent with an efficient and commercially viable agricultural operation. This implies a need to present operational plans, financial records, and proposed mitigation strategies to the court.

Right to Farm, Agriculture, Nuisance, NSW Legislation, Commercial Agricultural Activity, Livestock, Forestry, Aquaculture.

Publication date: 22 November 2019 Version number: No 15

Beef & Veal, Chicken, Pig, Sheep Meat, Wool, Fisheries, Forestry

This document was parsed and added to the database on 26-07-2025

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