The New South Wales Government has introduced “right to farm” legislation which it says will create the toughest penalties for farm trespass in Australia.

The Right to Farm Bill, which will be put to Parliament in coming weeks, will include new offences that could lead to offenders being punished with up to three years’ jail and fines of up to $22,000.
It will detail the legal recognition of the term “the right to farm” as well as a “nuisance shield” to protect farmers in areas of urban sprawl from complaints about what are deemed to be normal farm practices.
The Government will also amend the Inclosed Lands Act to include new offences such as “inciting” or “causing trespass”.
New aggravating factors will be included for the those damaging property and wilfully or negligently releasing stock which will now attract the toughest penalties across the country.
The Federal Government had asked the states and territories to work with it to beef up farm trespass laws after a spate of activism on farms and abattoirs in the past 18 months.

Laws protect farmers: Government

NSW Agriculture Minister Adam Marshall, said the move was designed to send a clear message to animal activists.
“So if you trespass on a farmer’s property as part of a group, you open gates and leave them open, you let stock out, whether they be pigs, sheep, cattle, poultry — you’re committing an aggravated trespass offense, and you can go to prison for up to three years,” Mr Marshall said.
“If activists want to go chain themselves in an abattoir, on farms or in dairies, you risk going to prison for three years.”
Mr Marshall said it will protect farmers under pressure from urban sprawl where councils were releasing subdivisions adjacent to farming land
“It will protect farmers who are going about their legitimate farming activities and protect them from complaints or actions that are taken against them in the courts, by neighbours or other third parties,” he said.

“Farmers shouldn’t be punished for undertaking a lawful activity just because someone chose to buy a block of land in a subdivision next to a farming area.”
Mr Marshall said the legislation would not conflict with the Environmental Protection Authority or local council jurisdictions.
The move comes after the State Government’s recent biosecurity laws and on-the-spot fines for illegal trespass.
Mr Marshall said the new laws were not targeted at animal activists but would also address growing reports of illegal hunting, as well as stock and firearm theft.
NSW Police told the ABC the majority of trespass on rural properties was due to illegal hunting not animal activism.

Farmers welcome laws

NSW Farmers president James Jackson said if the legislation is passed, it would provide some relief to farming families.
He said it would send a clear message about the impact of farm trespass and activists.
“In addition to the biosecurity threat to local food and fibre production, farm trespass causes enormous anxiety for farming families and their employees,” Mr Jackson said.
“Actions from the State Government are now reflecting the impact of criminal farm invasions and damage to property.
“It is welcome news that NSW will have toughest penalties in Australia.”

Labor supportive but against ‘political posturing’

Opposition agriculture spokeswomen, Jenny Aitchison, said Labor will support the changes.
“Of course Labor supports our vital farming sector which provides food and fibre for our nation,” Ms Aitchison said.
“What’s disappointing is that the Government has chosen to lob up a bill without and consultation with the opposition.

“The Government amended Biosecurity Regulations without consultation just a few weeks ago, now they are putting forward a bill on Right to Farm.
“I’ve been meeting with farmers in the north of the state and while some raised the Right to Farm issue they are urgently concerned about the Government’s slow action on drought.
“Right now the drought is the most significant matter facing our farmers our farmers across the state.
The Nationals have had eight long years to act on this issue and to date they have failed.”

source: https://www.abc.net.au/news/rural/2019-08-20/new-nsw-right-to-farm-laws/11431934