Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-11-13 Daily Xml

Contents

Question Time

Right to Farm

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (14:21): I seek leave to make a brief explanation before asking a question of the Minister for Primary Industries regarding the right to farm.

Leave granted.

The Hon. N.J. CENTOFANTI: The Local Nuisance and Litter Control Act 2016 currently exempts activities undertaken under the Mining Act and Mines and Work Inspection Act, being classified as a local nuisance but does not extend the same protection to those acts covering primary production or the business of primary production. As a result, our primary producers—that is, our farmers and growers who feed, house and also clothe us—can be unfairly penalised or restricted due to vexatious claims by individuals for normal and necessary farming practices.

Given the increasing encroachment of urban development into traditionally rural zones, the absence of such an exemption risks undermining the right to farm and discourages food and fibre production in this state. My questions to the Minister for Primary Industries are:

1. Does the minister support amending the Local Nuisance and Litter Control Act 2016 to exempt the activities associated with the normal business of primary production from being considered a local nuisance in the same way that mining operations are exempt?

2. Has the minister written to or advocated to the Minister for Environment and Water in support of such an amendment?

The PRESIDENT: Minister for Primary Industries and Regional Development, before you start your answer, congratulations on the new arrival for your family last night. Well done.

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (14:22): Thank you so much, very much appreciated. I thank the honourable member for her question. First of all, she should be aware that primary production could not be exempted in the same way as mining because there is a separate Mining Act. Unless she is proposing a primary production act, then it would not be exempted in the same way. What I think she would be interested to hear is the following.

Obviously, first of all, the government acknowledges the vital role that primary producers play in supporting South Australia's economy and our food security. I have spoken on many occasions and in many forums about the importance of our primary production sector and the fact that agriculture and agribusinesses are both the foundation and the future of our state. Primary production activities create a range of normal impacts, which can include noise, dust and odour. Our state's regulatory settings need to protect and support our valuable food producing and rural areas, and provide certainty for the operations of our food and wine producers.

The government of South Australia has committed to considering an amendment to schedule 1 of the Local Nuisance and Litter Control Act 2016 to include primary production as not constituting local nuisance, which can be amended through regulation. The process will involve an assessment of the potential impacts of such an amendment on primary producers, local communities and councils. Should an amendment to schedule 1 be proposed, stakeholders will of course be invited to participate in a consultation process on draft regulations.