Agriculture Practice Board ready to deal with landholders' dispute

18/10/96

Disputes between agricultural and other landholders can now be resolved without long and costly court proceedings.

Primary Industry Minister Monty House appointed the Agricultural Practices Board in July to bring parties in conflict to the discussion table to try and sort out disputes.

Mr House said today the board was now operating and ready to receive complaints.

"The Agricultural Practices Board will deal with disputes concerning nuisance actions against agricultural operations on land which is zoned rural," he said.

"Mediation will be a prerequisite to any action under common law which arises as a result of specific nuisances related to odour, noise, dust, smoke, fumes, light or spray drift.

"Under the new system, common law action will be deferred while attempts are made to sort out the problem through mediation."

However, complainants who feel they cannot wait for the outcome of the mediation process can apply to a court to grant an injunction to provide relief in the short term.

Mr House said the rights of urban dwellers were important but Government must also ensure that agricultural industries continued to maintain essential supplies of products such as milk, eggs, fruit, vegetables, wine, meat and wool.

Agricultural Practices Board chairman Colin Philpott said experience had shown that some agricultural practices considered normal to a farmer could upset urban dwellers seeking a quieter life away from the city.

He said there were numerous examples of conflict between people living in new urban sub-divisions and farmers carrying out traditional operations including crop spraying, mushroom growing, poultry-farming, or wine production.

"It is inevitable that conflicts will arise, and the mediation process seeks to recognise the right of farmers to carry on their farming operations, at the same time encouraging compromise and co-operation with neighbours at minimal cost," Mr Philpott said.

Board members include Brian Gluestein, Elaine Tyler, Lennard Brajkovich, Ray Ward, Pel House, Tony Hardiman, John Anderson, Ken Pech and Gavin Drew who represent the farming sector, environmental organisations, the Western Australian Farmers' Federation, the Pastoralists' and Graziers' Association, planning agencies and local government.

Mr Philpott said the geography of WA was such that the coastal strips which supported the highest agricultural production were also those areas most sought after by people seeking a semi-rural lifestyle.

The board and the tribunal process were key recommendations of the 1991 Select Committee on the Right to Farm, which Mr House chaired. It was also a Coalition Government commitment to implement the recommendations.

Mr Philpott said complaints could be lodged in writing to: the Registrar, Agricultural Practices Board, Avon districts Agricultural Centres, PO Box 483, Northam WA 6401.

Media contact: Nicole Trigwell (09) 481 2044