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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-05-02 Daily Xml
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LAND USE

The Hon. R.L. BROKENSHIRE (14:42): I seek leave to make a brief explanation before asking the Minister for Agriculture, Food and Fisheries a question regarding laws that affect farming.

Leave granted.

The Hon. R.L. BROKENSHIRE: The minister might recall, before the minister was the Leader of the Government, the debate we had in this chamber on the Mining (Miscellaneous) Amendment Bill in 2009 that saw the bill somewhat amended to reflect concerns farmers had about the balance of laws regarding mining in South Australia. I also note the current statewide wind farms DPA which creates preferential treatment for wind farms in some of our best farming areas. My questions are:

1. Does the minister believe South Australia has the toughest laws to protect farmers in the country?

2. Does the minister believe South Australia's future prosperity is tied to two industries, namely, mining and advanced manufacturing on one hand and agriculture on the other?

3. Does the minister believe it is acceptable for a farmer to be served with a 21-day notice of entry without prior consultation?

4. Does the minister also believe that the $500 required for legal advice about the notice of entry is appropriate, given that the Supreme Court scale for lawyers' attendances is now more than $300 per hour?

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (14:43): I thank the honourable member for his most important question and his ongoing interest in these policy areas. South Australia's primary industry lands are subject, like most areas throughout Australia and, for that matter, internationally, to increasing demands and more complex community expectations.

PIRSA is proposing a more strategic approach in that particular area, with greater emphasis on community engagement, and I am very much aware of concerns about loss of productive land associated with urban encroachment and mining and questions about the implications for our future food security. I am also aware of recent examples of a land use conflict. We see these in the media quite frequently, but not necessarily relating to land conflict use here in South Australia. I think our position is much less stressed than in a number of other jurisdictions, and I will talk about that in a minute. Those issues are around the right to farm and calls for things like increased buffer zones around activities where there are incompatible activities.

These matters need to be addressed within a wider strategic context that includes things like anticipated climate change. We know that the north is going to get wetter and the south is going to become drier, temperatures are increasing, so there is a wide range of information about the impact of those changes on our environment. Things like water security, NRM and population growth are all other significant factors. I am also mindful of the extent that these matters are linked to things like regional development and tourism components of my portfolio and to the government's commitment to a clean, green food competitive edge and also to shares from mining and advanced manufacturing.

In short, I am conscious that this policy area has become a matter of considerable interest for individual farm businesses for local communities and obviously for South Australians at large. I am very happy to see that my new agency has been reviewing its role and focus towards a much more active and strategically focused engagement around land use policy and also planning as it relates to primary industries.

I am hopeful that this initiative will help to achieve a number of things, and they are things like enhanced coordination across government regarding land use policy initiatives that affect primary industry and better information sharing among stakeholders about evidence-based policy-making in that area. The third area that they are focusing on is meaningful re-engagement of the farm community in land use policy and governance.

In the meantime, I can report that PIRSA and its interstate counterparts are investigating collaborative projects relating to land use policy for agricultural land, and this is happening under the auspices of a ministerial standing committee on primary industries. Locally PIRSA has been collaborating with councils in the Department of Planning, Transport and Infrastructure (DPTI) to commence work on initiatives for primary production land arising out of the 30-Year Plan for Greater Adelaide. I understand that PIRSA is also offering assistance to DPTI in the development of special legislation policy for character preservation around the Barossa and McLaren Vale.

In relation to some of the legislation, South Australia is very proud that we have some of the most superior legislation in the nation aimed at protecting and upholding the rights of primary producers when it comes to mining. We are one of the few jurisdictions that require mining interests to consult. It has been a while since I have looked at it but I think there are powers there to acquire adequate compensation and a wide range of other provisions as well.

A number of other factors are arising as well, but we see here in South Australia very few overt conflicts with other states. We see some very high profile media coverage there of conflicts over land use. We do not see that as much here in South Australia. I think mainly because mining is happening in the Far North where land is not used for agriculture. Also I think it shows that the underpinning of good legislation serves to help protect primary industry interests.

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