NSW proposes jail terms for farm trespassing

NSW has followed Queensland and the Federal Government in moving to introduce jail terms for farm invaders, who would risk three years in prison for disrupting businesses.

The bill introduces a $22,000 fine, up from $5500, alongside a three-year jail term.

Responding to the increase in organised groups targeting livestock industries, the bill introduces new offences and aggravating factors for activities such as trespassing as a group, damaging property and releasing livestock and tampering with farm gates and ramps.

Speaking on the impacts of protests, NSW Minister for Agriculture, Adam Marshall, has said, “Most recently we have seen extreme anti-farm groups hold protests in NSW, Queensland and Victoria.

“I strongly condemn such activity. This type of behaviour is disgusting, is incredibly dangerous and risks the welfare and safety of our farmers, their families and their animals. Farmers are already under intense pressure due to the drought and don’t need any extra stress caused by illegal farm incursions.

“More importantly, illegal trespass activity threatens our state’s reputation of producing some of the finest foods and fibres in the world, potentially comprising on-farm biosecurity, resulting in significant economic losses to rural and regional communities.”

The Minister says the changes would ensure NSW had the toughest penalties in Australia for farm trespass, including new offences that do not exist in any other State or Territory.

“The community has had a gutful of farm invasions and have said existing penalties of up to $5,500 in fines are just a slap on the wrist. We’ve listened to that and will now establish the toughest possible penalties in the nation for farm invasions.

“If you’re farming legally, and have so for many years, you’re not going to cop a nuisance claim and potential legal action just because some folks from the city moved next door and decided they didn’t like the sound of your dairy cows.”

The Liberal party says the bill also introduces legal recognition of a farmer’s right to farm, shielding them from nuisance complaints, claims and legal action from their neighbours and other third parties.

Interestingly, the Right to Farm bill shares its name with the ‘Right to Farm’ policy , introduced under the NSW Coalition Government in 2015, which legislated responsibility for farmers and those living in rural areas, noting, “The Government supports primary producers in their right to farm. However, the right to farm only extends to what is lawful.

“This means compliance with the legislation and regulations that govern, for example, land uses, uses of chemicals, intensity and timing of lights and noise and management of odours. The suite of rules applies equally to all land users, including rural lifestyle land owners who, like farmers, have obligations in relation to management of weeds, pests and other biosecurity risks.”