Right to Farm
People considering a move to a rural area should be aware of and understand that rural land is often used for primary production and normal farming activities can have impacts on neighbours.
The concept of a ‘right to farm’ mainly relates to farmers being able to undertake their lawful agricultural activities without non-farming neighbours and community land users trying to stop farming activities.
A farming business is often a 24/7, 365-day job. Activities never stop and a farming property can be a very busy environment, especially during peak seasonal harvesting. Where there are dry conditions, both farm vehicles and livestock may create more noise and dust around the surrounding properties to a farm. The best way to manage these issues is to talk to the farmer to resolve the situation and to develop a plan that would suit everyone involved before a dispute occurs.
The Primary Industry Activities Protection Act 1995 represents a legislative approach to protect the right of farmers to conduct their farming activities. The Act protects persons engaged in primary industry by limiting the operations of the common law of nuisance in respect of certain activities that are incidental to efficient and commercially viable primary production.