Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The objects of
this Act are —
(a) to
ensure that any normal farm practice which is alleged to create a nuisance, or
otherwise to be detrimental to the interests of persons nearby, by reason
merely of the —
(i)
carrying out; or
(ii)
management,
of that practice shall
not be impeded by avoidable litigation, or the threat of such litigation,
arising out of an allegation of that kind;
(b) to
make provision —
(i)
to establish the Agricultural Practices Board and the
procedures of the Board, its jurisdiction and the nature and effect of its
functions; and
(ii)
for the reference to the Board of disputes arising from
allegations of that kind;
(c) to
provide that where a dispute arising out of an allegation of that kind is
referred to the Board it shall be —
(i)
inquired into;
(ii)
resolved by mediation, where appropriate and practicable;
and
(iii)
reported upon,
and that the Board
may, in accordance with this Act, make a determination in respect of it;
(d) to
seek to provide for the resolution of disputes arising out of such
allegations, by means of an order made following mediation proceedings or a
hearing before a tribunal or the Board, in a manner that is fair, just,
economical, informal and quick;
(e) to
provide, where a dispute is of a kind to which this Act applies, that any
other litigation relating to an issue in that dispute shall be adjourned
until —
(i)
the matter has been referred to the Board; and
(ii)
if the reference is not withdrawn or resolved by
mediation, a determination has been made;
and
(f) to
enable the Board —
(i)
in relation to any particular practice used in respect to
an agricultural operation, to determine whether or not that practice is a
normal farm practice; and
(ii)
generally, to provide guidance as to what constitutes a
normal farm practice.
(2) The reasons for
the enactment of these provisions are —
(a) to
ensure —
(i)
that agricultural production continues to be a major
contributor to the economy of the State;
(ii)
that agriculture continues to contribute to the
preservation of the landscape and environmental resources of the State, to the
benefit both of those who reside in the State and those who visit the State;
and
(iii)
that normal farm practices, understood and accepted by
the rural community, but not always understood by or initially acceptable to
persons unfamiliar with the rural lifestyle who encounter those practices by
reason of an increasing urbanization of rural areas, are not, whether by
reason of that lack of understanding or because of an unwillingness on the
part of the farmer to modify any such practice in a practicable and acceptable
manner, made the subject of premature litigation contrary to the public
interest;
and
(b)
whilst not usurping the role of administrative authorities or of the courts,
but having specific regard to the requirements of agriculture, to provide
through the proceedings of the Board a means of indicating what potential for
settlement may exist for resolving certain kinds of disputes as to
agricultural practices, whether those disputes are alleged to be based on the
law relating to —
(i)
nuisance;
(ii)
trespass; or
(iii)
any other cause of action alleged, arising from an
agricultural practice or an agricultural operation,
so as to avoid the
premature removal of rural land from agricultural use and any delay or
harassment related to the carrying out of a normal farm practice,
and the Board is
required to conduct its affairs having regard to those reasons.