On 17 September 2019, the Minister for Agriculture and Western New South Wales, Adam Marshall, introduced into the Legislative Assembly the Right to Farm Bill 2019. The Bill has two main parts:
- A new Right to Farm Act to protect farmers from common law nuisance claims (known as “nuisance shield” legislation); and
- Amendments to the Inclosed Lands Protection Act 1901 to protect farmers from on-farm trespass activity.
The Bill has passed through the Legislative Assembly. On 24 September 2019, the Legislative Council’s Portfolio Committee No. 4 commenced an inquiry into the Bill. The Committee is due to report by 21 October 2019.
This issues backgrounder deals with the first part of the Bill – the nuisance shield legislation. It updates the 2015 e-brief Right to farm laws, focusing primarily on significant developments in Australia.