Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except in so far
as it provides for payment as to costs, a determination made under this Act is
not binding on the parties to the dispute to which the determination relates
but shall nevertheless be taken to be declaratory of the public interest.
(2) In any proceedings
before a court, or in relation to any matter falling to be determined by an
administrative authority, there shall be a rebuttable presumption —
(a) that
a normal farm practice which —
(i)
has been carried out on, or in relation to, the relevant
agricultural operation during any of the preceding 3 years;
(ii)
is not carried out in contravention of, or by a method or
in a manner which contravenes, any written law except in so far as an order
under section 12(3) may specify; and
(iii)
does not pose a direct threat to public health or safety,
does not constitute a
public or private nuisance, and is deemed not otherwise to invade or interfere
with the use and enjoyment of other land or property, notwithstanding changed
conditions in or around the locality of the agricultural operation; and
(b) that
any such practice should be permitted to continue.
(3) Notwithstanding
that the presumption to which subsection (2) refers is established, a
determination made under this Act does not prejudice the operation of, and may
be overridden by, the judgment of a court of competent jurisdiction or the
decision of an administrative authority.