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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-03-28 Daily Xml
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RIGHT TO FARM BILL

Second Reading

Adjourned debate on second reading.

(Continued from 14 March 2012.)

The Hon. R.L. BROKENSHIRE (17:06): Mr President, I thank the council for leave to conclude my second reading contribution on this important issue, which I began to speak to on the last Wednesday of sitting. As I said on 14 March, a similar but smaller bill—while this bill is still relatively small in size it is big on the impact for farmers—passed this house once and was prorogued, and then I tabled another bill, which was also prorogued. This bill is different, principally because it is a right to farm bill, and not an environment protection right to farm bill. It is a bill principally about farmers, who care greatly for their environment, and therefore comes within the ministerial responsibility of the Leader of the Government in this place (Hon. Gail Gago MLC).

As I always seem to have to do these days, I declare my interest again as a farmer. This is a perfect initiative for the government to adopt and support in 2012, the Australian Year of the Farmer. I believe farming is the number one most sustainable industry. We have a lot of focus on the mining sector and, while the mining sector is important, it is not sustainable; no matter what the product, eventually it will all be dug up.

Certainly, what is sustainable is food production, providing that farmers have the opportunity to get on with the business of food production. Given that, over the next 40 years, we have to double food production across planet Earth to give any hope of being able to feed the significant increase in population, then clearly we need to ensure that we have green lights from the point of view of sustainable agriculture. Typical farming activities that can be subject to complaint—

The Hon. J.M. Gazzola: They said they were leaving.

The Hon. R.L. BROKENSHIRE: They're leaving? Well, they would be leaving some of the core voters that they did have.

The Hon. J.M. Gazzola: They're talking about the young people moving out of South Australia.

The Hon. R.L. BROKENSHIRE: The young people who are moving out? Well, this is a chance to bring those young people back, because if we could actually reinvigorate agriculture, then we can see young people staying on the land.

The Hon. D.W. Ridgway: My son says that all the time; I wish he'd get off the farm and get out of the way.

The Hon. R.L. BROKENSHIRE: You've been talking to him, have you? I hear the same thing in here; I'm not wanted anywhere. Anyway, to get back to the debate: as I said, this would be a perfect initiative for the government to adopt and support in 2012, the Year of the Farmer. Farming is the number one most sustainable industry. Typical farming activities that can be the subject of complaint are: machinery use, noise after business hours (for example, grape harvesters, bailers, headers), spray use, movement of machinery on roads, movement of livestock across roads, and the list goes on.

I have spoken on this issue on ABC Stateline (now 7.30 SA) last year. When this speech is uploaded to our blog, I will link to those stories for those looking into this issue, including vineyards, budding new housing developments in the Willunga Basin, and the protection of the Willunga Basin generally. Of course, the government is now taking over that bill, which I am pleased about, although we will be moving some amendments to it when it comes into this house, regarding the McLaren Vale and Barossa Valley protection proposals. What about other areas—for example, the Riverland, irrigators, exit grants, areas no longer in production, etc?

Right to farm legislation exists in some shape in every state of North America, both in the United States of America and Canada, and the best elements of those have been incorporated in this bill. In fact, if we were to pass this bill through both houses, we would be the first state in Australia to pass this legislation. I note that, prior to the Liberals winning office in Victoria, I understand that they were looking at a policy with their Farmers Federation for the same proposal as we have here. I have not seen any advance on that from Premier Baillieu at this stage, but I will watch with interest and hope that the Victorians will bring in similar legislation.

The best elements of those bills we have looked at in North America and Canada we believe have been incorporated in this bill; firstly, exempting farmers from nuisance complaints and other prosecutions when their behaviour is part of normal farming activity and, secondly, requiring land purchasers to accept that they are buying where normal farming activities occur.

With respect to planning laws, we have added an element, and that is clause 6 of the Right to Farm bill. Basically, that is to deal with planning principles. It provides:

(1) The Minister must, within 6 months after the commencement of this section, develop planning principles that are consistent with, and seek to further, the objects of this Act.

(2) The Minister must undertake public consultation in developing, or subsequently altering, the planning principles in such manner as the Minister thinks fit.

(3) The planning principles developed under this section, and any subsequent alterations to those principles, will have effect from the day on which they are published in the Gazette.

The intent of the planning elements is to ensure that right to farm principles are developed and then become model laws in all development plans. In fact, it is something that I was discussing with an advisory group on rural land management this morning in the Adelaide Hills.

As I said, the intent of the planning elements is to ensure that right to farm principles are developed and become the model laws for all development plans, not forced upon councils (as, for instance, the state wind farms DPA was) but the product of consultation, and then resolution of the best way to enshrine the right to farm in development plans, through zoning as an example. I have already mentioned food production and valuing our farmers in the Year of the Farmer 2012 by valuing our primary producers and our food producers.

I will mention what Anna Bligh's government was looking to do before it lost office last Saturday. It had also woken up to the fact that right to farm in some of the richest cropping country in Queensland was now under enormous threat because of coal seam gas. I am upset in one sense because the environment minister at the time (who resigned to give them the best chance to win the seat against Campbell Newman, the now Premier) was actually championing this. I hope that that legacy is now picked up by the government in Queensland and that we do still see them look after that area with a right to farm for that cropping country because it would also help to focus on what I am arguing for here in South Australia.

I will finish with one final example. We have some great cropping country on Yorke Peninsula. For those who may have had a beer or two in their day, it is good South Australian beer because of the quality of the malt, and Yorke Peninsula has some of the best malt barley growing country in the world. However, that particular region is under threat. It would be a sad day if we could not get malt for our beer from South Australia. It is under threat due to mining and also wind farms, so there is a double-banger happening there.

An honourable member interjecting:

The Hon. R.L. BROKENSHIRE: No, not very easily at all. I am happy to talk about that when we debate the Hon. David Ridgway's select committee. In finishing, I believe that it is time that we did lead Australia once again. This is an opportunity: it is a sensible bill and it is a bill that will ensure sustainability in agriculture, jobs and a strong economy for South Australia. I commend the bill to the house and look forward to contributions from honourable members.

Debate adjourned on motion of Hon. G.A. Kandelaars.

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