Noise Management

The Hon. D.R. CREGAN (Kavel) (14:20): My question is to the Minister for Environment and Water. What protections are in place for existing-use horticultural or agricultural businesses in growing residential areas that are subject to noise complaints or other complaints? With your leave, sir, and that of the house, I will explain.

Leave granted.

The Hon. D.R. CREGAN: A local business surrounded by growing residential areas has been subject to complaints of this type.

The Hon. L.P. HOOD (Adelaide—Minister for Climate, Environment and Water) (14:21): I thank the member for Kavel for his question. The Local Nuisance and Litter Control Act 2016 (LNLC Act) is administered by our local government, and it's imperative that local councils do work with the local community, with industry and with agriculture in its application. I come into this role with an appreciation and a passion for the agriculture industry, being the daughter of a farmer and also the granddaughter of farmers on both sides. So I appreciate his advocacy in this area.

It is important to note that the LNLC Act does not apply if an activity is already subject to an EPA licence under the EP Act. If an agricultural business holds an EPA licence it is subject to the provisions of the EP Act and its subordinate environment protection policies.

I am advised that there is also a wide range of certain activities that are licensed by the EPA if they meet certain thresholds as defined in schedule 1 of the EP Act. In those instances they would fall outside the scope of the LNLC Act. These include certain types of piggeries, poultry farms, cattle feedlots, saleyards, wineries, timber-processing works, meat processing, breweries, fishing processing, milk-processing works, produce-processing works, rendering or fat-extraction works, curing or drying works, tanneries, and wool-scouring and wool-carbonising works.

In addition, noise or other nuisance from the keeping of animals in accordance with a development authorisation within the meaning of the Development Act 1993 is not a local nuisance under the LNLC Act. However, even if agricultural businesses are not subject to an EPA licence, there is a defence against the offence under section 27 of the LNLC Act, where it is a defence to prove that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.

As we know, recent amendments to the act have been undertaken primarily around the focus of the collection of shopping trolleys, which we know are a significant nuisance within our local communities. It is important to note, in relation to our primary producers, that the act does still operate in the same way that it did under the former Marshall Liberal government.

Despite this, we have made it very clear in the other place that we would consider the matters raised by industry and by local MPs and whether that can form part of forthcoming consultation on the administrative regulations associated with the recently passed bill.