4Primary industry activity does not constitute a nuisance in certain circumstances

4 Primary industry activity does not constitute a nuisance in certain circumstances

[Section 4 Substituted by No. 24 of 2016, s. 5, Applied:23 Aug 2016] A primary industry activity that is carried out on, in, immediately over or under an area of land does not constitute a nuisance if –

(a) the area of land is on a farm; and

(b) the area of land –

(i) is within a zone, designated to the land under the Land Use Planning and Approvals Act 1993 , that enables the land to be used for the purposes of primary industry; and

(ii) has been within that zone for a continuous period, beginning before the activity is carried out, of at least one year –

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 and the use has been lawful for a continuous period, beginning before the activity is carried out, of at least one year; and

(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) ; and

(d) the activity is not being improperly or negligently carried out.