Review of the Primary Industry Activities Protection Act 1995
In 2014, the Minister for Primary Industries and Water announced a review of the
Primary Industry Activities Protection Act 1995
The Department of Primary Industries, Parks, Water and Environment (DPIPWE) was tasked with undertaking the review and reporting to the Minister against the following terms of reference:
a. The effectiveness of the Act in meeting the objective to protect persons engaged in primary industry by limiting the operation of the common law of nuisance in respect of certain activities that are incidental to efficient and commercially viable primary production;
b. Whether any changes are required to the Act to strengthen the legal position of farmers
c. Any other relevant matters.
An Issues Paper was compiled by DPIPWE and submission were invited from industry an the public. Submissions to the Review closed on 4 August 2014.
Review of the Primary Industry Activities Protection 1995 - Issues Paper (745Kb)
Submissions to the Review can be accessed here.
On 14 February 2016, the Final Report of a Review of the Primary Industry Activities Protection Act 1995 was released.
Review of the Primary Industry Activities Protection Act 1995 - Final Report (467Kb)
In response to the Review, the Government introduced amendments to the Act to simplify and extend upon the 'right to farm' protection for primary producers.
The Primary Industry Activities Protection Amendment Act 2016 subsequently passed both Houses of Parliament and became law on 23 August 2016.
The Act (as amended) can be accessed on the Tasmanian legislation page: https://www.legislation.tas.gov.au/view/html/inforce/current/act-1995-102.