{"id":"tas:act-1995-102","name":"Primary Industry Activities Protection Act 1995","slug":"primary-industry-activities-protection-act-1995","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"102 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106062,"registerId":"tas-act-1995-102-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Primary Industry Activities Protection Act 1995](/view/html/inforce/2026-04-12/act-1995-102) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 24 of 2016, s. 4, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS4@Hpa@EN) ***farm*** means an area of land that –\n> > > \n> > > > > (a) is primarily being used for, or in connection with, primary industry; and\n> > > > \n> > > > > (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\n> > > > \n> > > > > (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;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 24 of 2016, s. 4, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS4@Hpa@EN) ***Forestry corporation*** has the same meaning as in the [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) ;\n> > \n> > > ***nuisance*** means a public or private nuisance actionable at common law;\n> > \n> > > ***primary industry*** includes the following:\n> > > \n> > > > > (a) planting, growing or harvesting crops;\n> > > > \n> > > > > (b) breeding, rearing or managing livestock;\n> > > > \n> > > > > (c) agisting livestock;\n> > > > \n> > > > > (d) obtaining dairy, wool, eggs or other produce from livestock;\n> > > > \n> > > > > (e) obtaining juice, seeds or other produce from crops;\n> > > > \n> > > > > (f) [*\\[Section 3 Subsection (1) amended by No. 24 of 2016, s. 4, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS4@Hpb@EN) planting trees, establishing forests or growing or harvesting timber;\n> > \n> > > ***primary industry activity*** means an activity which –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 24 of 2016, s. 4, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS4@Hpc@EN)\n> > > > \n> > > > > (b) is carried out for, or in connection with, primary industry; and\n> > > > \n> > > > > (c) [*\\[Section 3 Subsection (1) amended by No. 24 of 2016, s. 4, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS4@Hpd@EN) does not contravene, or fail to comply with, an enactment of the State or Commonwealth or a council by-law;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 24 of 2016, s. 4, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS4@Hpe@EN) ***timber*** has the same meaning as in the [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) .\n> \n> > (2)  [*\\[Section 3 Subsection (2) omitted by No. 24 of 2016, s. 4, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS4@Hpf@EN) .  .  .  .  .  .  .  .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Primary industry activity does not constitute a nuisance in certain circumstances","content":"### 4 Primary industry activity does not constitute a nuisance in certain circumstances\n\n> [*\\[Section 4 Substituted by No. 24 of 2016, s. 5, Applied:23 Aug 2016\\]*](/view/html/inforce/2016-08-23/act-2016-024#GS5@EN) A primary industry activity that is carried out on, in, immediately over or under an area of land does not constitute a nuisance if –\n> \n> > > (a) the area of land is on a farm; and\n> > \n> > > (b) the area of land –\n> > > \n> > > > > (i) is within a zone, designated to the land under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , that enables the land to be used for the purposes of primary industry; and\n> > > > \n> > > > > (ii) has been within that zone for a continuous period, beginning before the activity is carried out, of at least one year –\n> > > \n> > > or the primary industry activity is a use that, despite the zone designated to the area of land, is authorised under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) and the use has been lawful for a continuous period, beginning before the activity is carried out, of at least one year; and\n> > \n> > > (c) the activity did not constitute, or would not have constituted, a nuisance if it had been carried out on that area of land at the beginning of the period referred to in [paragraph (b)](#GS4@Hpb@EN) ; and\n> > \n> > > (d) the activity is not being improperly or negligently carried out.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Limitation on power of courts in respect of findings of nuisance","content":"### 5 Limitation on power of courts in respect of findings of nuisance\n\n> > (1)  If in any proceedings a court finds that a primary industry activity carried out by one party to the proceedings constitutes a nuisance, the court must not order the complete cessation of that activity if the court is satisfied that, by making some other order for the management, modification or diminution of the activity reasonably consistent with efficient and commercially viable primary production, the court could reasonably ensure that any continuation of the activity would be unlikely to significantly disturb the other party to the proceedings.\n> \n> > (2)  [Subsection (1)](#GS5@Gs1@EN) does not limit or otherwise prejudice the power of a court to make any other order it thinks fit in respect of the nuisance, including any order as to damages or costs.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Act does not derogate from other Acts","content":"### 6 Act does not derogate from other Acts\n\n> Nothing in this Act derogates from the operation or effect of any other Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Administration of Act","content":"### 7 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Primary Industry and Fisheries; and\n> > \n> > > (b) the Department responsible to the Minister for Primary Industry and Fisheries in relation to the administration of this Act is the Department of Primary Industry and Fisheries.","sortOrder":6}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"While the original 1995 Act was focused on protecting primary industry operations from interference (likely in response to activism of that era), amendments up to 2016 suggest the scope may have been refined or expanded over time. Without the full amendment history, it is likely the definitions of protected activities and enforcement powers have been broadened to keep pace with evolving forms of protest and industry diversification (e.g., aquaculture growth in Tasmania)."},"complexity_factors":["Intersection of property rights, civil liberties, and criminal law creates interpretive tension","Definitions of 'primary industry activity' and 'interference' likely require careful reading to understand scope","Enforcement provisions may involve interaction between civil and criminal remedies","Limited source text provided — full complexity cannot be assessed from metadata alone","Potential constitutional considerations around right to protest versus property/commercial rights","Amended multiple times since 1995, meaning original and current provisions may differ"],"plain_english_summary":"The Primary Industry Activities Protection Act 1995 (Tasmania) shields farming, fishing, forestry and other primary industry operations from deliberate interference by protesters or unauthorised persons. It gives producers and police legal tools to remove or penalise people who obstruct lawful primary industry work, affecting operators, activists and anyone entering such land without permission."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1995 Act appears to have been substantially narrower, but the 2016 amendments significantly expanded scope. The amendments added forestry and timber operations to the definition of 'primary industry' (explicitly including 'planting trees, establishing forests or growing or harvesting timber'), incorporated Crown land and Forestry corporation land exclusions, and completely rewrote the core protection provision (section 4). The legislation has grown from protecting traditional agriculture to explicitly encompassing commercial forestry operations, reflecting a broadening from pure 'farming' protection to broader 'primary industry' protection."},"complexity_factors":["Multiple cross-references to external legislation (Income Tax Assessment Act 1997, Forest Management Act 2013, Forest Practices Act 1985, Land Use Planning and Approvals Act 1993, Administrative Arrangements Act 1990)","Nested definitional structure with 7 defined terms including recursive definitions ('primary industry' includes 6 sub-activities, 'primary industry activity' has 3 cumulative conditions)","Complex temporal condition in section 4(b)(ii) requiring continuous 1-year zoning history with look-back to activity commencement","Alternative pathways in section 4(b) with 'or' connector creating parallel compliance routes (zoning-based vs. authorisation-based)","Counterfactual test in section 4(c) requiring assessment of whether activity would have constituted nuisance at historical point in time","Conditional limitation on judicial power in section 5 with nested satisfaction tests ('if satisfied that...could reasonably ensure...unlikely to significantly disturb')","Amendment history visible in text indicating evolutionary complexity (2016 amendments substantially rewrote core provisions)"],"plain_english_summary":"This law protects farmers from being sued for nuisance (a legal term for unreasonable interference with someone else's use or enjoyment of their land) when they carry out normal farming activities.\n\n**What it does:**\n- **Shields legitimate farming from nuisance claims**: If a farmer is doing something that counts as \"primary industry\" (growing crops, raising livestock, forestry, etc.) on land properly zoned for farming, they generally can't be sued for nuisance—even if the activity causes noise, smells, dust, or other disturbances to neighbours.\n\n- **Sets conditions for protection**: To get this protection, the farm must:\n  - Be in a zone that allows primary industry use (under planning laws)\n  - Have been in that zone for at least a year before the activity started\n  - The activity must not have been a nuisance when it started (the \"coming to the nuisance\" rule—neighbours can't complain about something they moved next to)\n  - Be carried out properly (not negligently or improperly)\n\n- **Limits court remedies**: Even if a court does find a farming activity is a nuisance, it cannot order the farm to shut down completely. The court must instead look for ways to manage, modify, or reduce the activity while keeping the farm commercially viable.\n\n**Who it affects:**\n- **Farmers**: Get legal protection for normal farming practices\n- **Rural and semi-rural neighbours**: Have restricted rights to sue over farming disturbances\n- **Courts**: Must apply special rules when handling farming nuisance cases\n\n**Why it matters:**\nThis is a \"right to farm\" law. It recognises that farming inevitably creates some disturbance (smells from manure, noise from machinery, dust from harvesting) and protects established farming operations from being shut down by new neighbours who object to these inherent aspects of agriculture. It balances rural land use against suburban encroachment."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope was altered by 2016 amendments that updated definitions in s.3 and substituted s.4. The changes explicitly incorporate tree planting/forestry into the primary industry concept, exclude certain Crown/Forestry corporation land from the 'farm' definition, and set out a zoning/one‑year lawful‑use test that grants immunity from nuisance claims when conditions are met. These amendments narrow nuisance liability for qualifying farm activities and shift judicial remedies toward management orders rather than total cessation (see s.3 and s.4, and s.5)."},"complexity_factors":["Cross‑references to multiple external statutes and definitions (Income Tax Assessment Act 1997; Land Use Planning and Approvals Act 1993; Forest Management Act 2013; Forest Practices Act 1985) — increases legal interdependence and interpretation work (see s.3 and s.4).","Zoning and temporal test: activity immunity depends on the land being in a primary‑industry zone (or lawfully used) for a continuous period of at least one year before the activity (s.4(b)).","Lawfulness requirement: primary industry activities must not contravene State/Commonwealth enactments or council by‑laws (definition of primary industry activity in s.3).","Exclusions in the definition of 'farm' (Crown land and Forestry corporation land used for forestry are excluded) — narrows applicability and requires factual land‑status enquiries (s.3).","Court remedies constraint: courts cannot order complete cessation if reasonable management, modification or diminution consistent with efficient, commercially viable production can prevent significant disturbance, but retain other powers (s.5).","Standard of conduct: immunity lost if activity is 'improperly or negligently carried out' — introduces a fact‑specific liability question (s.4(d)).","Practical compliance and evidentiary burdens on occupiers and neighbours to prove zoning history, lawfulness and commercial viability.","Amendments (2016) substituted key definitions and s.4, changing scope and creating transitional interpretation issues for past‑conduct disputes (see notes to s.3 and s.4).","Administrative assignment to a Minister until formal arrangements made (s.7) — minor implementation detail but relevant to enforcement and guidance."],"plain_english_summary":"This Act prevents many routine farm activities from being treated as legal nuisances where they occur on a farm located in a zone (or lawfully used) for primary industry for at least one year, so long as the activity is lawful and not negligently carried out. It also stops courts from ordering complete shutdown of such activities if less drastic, commercially viable controls can prevent significant disturbance. It mainly affects farmers, neighbouring landowners, planning authorities and courts by shifting disputes toward management remedies rather than total cessation."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-activities-protection-act-1995","history":"/api/acts/primary-industry-activities-protection-act-1995/history","analysis":"/api/acts/primary-industry-activities-protection-act-1995/analysis","conflicts":"/api/acts/primary-industry-activities-protection-act-1995/conflicts","importantCases":"/api/acts/primary-industry-activities-protection-act-1995/important-cases","documents":"/api/acts/primary-industry-activities-protection-act-1995/documents"}}