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New South Wales act
The Act protects certain farming and related commercial rural activities from being treated as a legal nuisance in most cases. If an activity is a "commercial agricultural activity" and it is carried out lawfully, not negligently, and of a type that has been carried out on the land for at least 12 months, a neighbour cannot bring a nuisance claim based only on that activity (section 4).
The Act also restricts the kinds of court orders that can stop an agricultural business entirely. If a court finds a commercial agricultural activity is a nuisance, the court must not order the complete cessation of that activity if it can instead make an order allowing the activity to continue in a managed, modified or reduced way that remains commercially viable and is unlikely to significantly disturb the other party (section 5(1)–(2)). Courts retain power to order other remedies such as damages or costs (section 5(3)).
The Act takes effect on the date it receives assent (section 2) and defines key terms (section 3). "Agriculture" explicitly includes aquaculture and forestry; "commercial agricultural activity" is tied to the meaning given in the Commonwealth Income Tax Assessment Act 1997 (section 3(1)).
Regulations (including transitional regulations with limited retrospective effect) may be made to support the Act's implementation; transitional regulations may operate back to the commencement date but the transitional power expires two years after commencement (Schedule 1, Part 1, clause 1). The Act does not apply to proceedings already commenced before the Act started (Schedule 1, Part 1, clause 2). The Governor may make regulations generally (section 6).
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Direct links to the current provisions in Right to Farm Act 2019.
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Who benefits: Persons carrying out "commercial agricultural activities" (as defined) face reduced exposure to nuisance suits where the statutory conditions are met (section 4). This reduces the legal risk of injunctive relief that would stop operations entirely (section 5(2)).
Who bears costs: Neighbouring landowners or others who would otherwise bring nuisance claims lose or have limited access to such claims where the statutory conditions apply (section 4). Courts may still award damages or costs against agricultural operators where appropriate (section 5(3)).
Who decides: Courts continue to decide whether an activity is a nuisance. If a nuisance is found, courts must follow the statutory constraint on ordering complete cessation and consider alternative orders that permit continued commercial operation consistent with section 5(2). Regulators (through regulations) and the Governor can make rules to implement the Act (section 6; Schedule 1, Part 1, clause 1).
Legal exposure and bargaining power: By removing nuisance liability in specified cases, the Act reduces the legal costs and injunction risk for covered agricultural operators, which can change negotiation leverage between farmers and neighbours (section 4; section 5). That may affect how parties bargain over location, investments, and mitigation measures.
Entry and investment incentives: Operators of commercial agricultural businesses may face fewer legal obstacles when continuing or expanding activities that meet the Act's conditions, because courts are barred from ordering total cessation where alternatives exist (section 4; section 5(2)).
Limits on private enforcement: Individuals harmed by noise, smells or other impacts from agricultural activities that are lawful, non-negligent and of 12 months' standing will have reduced access to nuisance remedies (section 4). However, non-tort remedies (such as damages) remain available (section 5(3)).
Scope defined by external tax law: The reach of the protection turns on the statutory definition of "commercial agricultural activity," which refers to the Income Tax Assessment Act 1997; that cross-reference determines which enterprises qualify (section 3(1)).
To get the statutory protection, an operator must carry out the activity lawfully and not negligently, and the activity type must have been carried on that land for at least 12 months (section 4). Those conditions require operators to ensure legal compliance and avoid negligence.
Courts retain discretion to fashion other remedies (including damages and costs), so operators may still face monetary liabilities even when protected from total cessation orders (section 5(3)).
The Act narrows one remedy (complete cessation) but preserves others; it thereby shifts dispute outcomes from injunctions to other remedies where courts find a nuisance (section 5(2)–(3)).
The Act leaves technical questions to courts and to the meaning in the Income Tax Assessment Act 1997 (section 3(1)), so the practical boundary of covered activities will be determined by litigation and by how the cross-reference is interpreted.
Transitional regulations may be made and can operate back to commencement (limited to the commencement date) to facilitate transition, but must be declared transitional and expire after two years (Schedule 1, Part 1, clause 1).