5Courts to not order cessation of agricultural activity if other order available

#### 5 Courts to not order cessation of agricultural activity if other order available 5 Courts to not order cessation of agricultural activity if other order available > > (1) This section applies if in proceedings a court finds that a commercial agricultural activity carried out by a party to the proceedings constitutes a nuisance. > > > (2) The court must not order the complete cessation of the commercial agricultural activity if the court is satisfied that it could make an order that would permit the continuation of the activity in a manner— > > > > > (a) that is managed, modified or reduced, and > > > > > (b) consistent with an efficient and commercially viable agricultural operation, and > > > > > (c) unlikely to significantly disturb the other party to the proceedings. > > > (3) Subsection (2) 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 an order as to damages or costs.