Farming & Agriculture Law & Lawyers

Farming & Agriculture Law & Lawyers News

News, updates and further information - Farming and Agriculture Law and lawyers:

Farmers need to know about Australia’s national environment law as some agricultural activities may need federal government approval. This could be in addition to state or local government approvals.

National environment law protects matters that are of national environmental significance.

Those most relevant to farmers are:

• nationally threatened and migratory species
• nationally threatened ecological communities
• wetlands of international importance
• world and national heritage properties, and
• the Great Barrier Reef.

New farm activities, such as land clearing, may require approval from the federal environment minister under national environment law.

You should check state and local governments’ approval requirements.

Protected matters on your farm

National environment law only applies to matters of national environmental significance. You can check if there are likely to be protected matters on or near your property by contacting the department’s environment liaison officer or by using the environment reporting tool at www.environment.gov.au/farming.

Do I need federal approval for all my farming activities?

No. You can continue routine farm activities without approval if they began before national environment law was introduced in July 2000. Only new farm activities that are likely to have a significant impact on a protected matter may need approval.

Will my activity have a significant impact?

Whether or not the impacts of an activity are significant depends on several factors, including how long the impact will last and the sensitivity of a nationally protected matter. The environment liaison officer can give you advice, and guidelines are available at www.environment.gov.au/epbc/guidelines-policies.html. If you are unsure, you should check, otherwise you may accidentally break the law.

How do I get approval?

If you think your activity could have a significant impact on a protected matter, or you just want to be certain that it won’t, you will need to refer your actions to the federal environment department. A referral form is available at www.environment.gov.au/epbc.

Once referred the department will notify you within 20 business days whether or not approval is required, and if so how it will be assessed. You can contact the environment liaison officer for help or a more detailed explanation of the process.

What happens if I break the law?

If you think you may have broken the law, it is best to contact the federal environment department as soon as possible to explain what has happened. The department may be able to work cooperatively with you to repair any damage to the environment.

The department investigates all alleged breaches of the law and takes compliance very seriously. Not knowing the law or your obligations under it is not an excuse. There can be significant penalties for non-compliance with the law including gaol terms and penalties of up to $5.5 million.

Can I get government assistance?

There are several programs to help farmers and others manage our natural resources and nationally protected matters, such as threatened species and ecological communities. You can contact the environment liaison officer for more information.

Where can I get information?

The department has an environment liaison officer, who is outposted at the National Farmers’ Federation, specifically to help farmers. The environment liaison officer is available to give you free advice on matters relating to national environment law and how it applies to your farm business.

There is also information, including examples of compliance cases and farm activities that have been referred for approval at www.environment.gov.au/farming.

Farming and agriculture Lawyers

Farming and agriculture Lawyers can provide advice in the following areas and issues:

• agricultural cooperatives: formation and membership structure, financial structure, marketing contracts, membership disputes
• bankrupt agricultural elevators and buyers: mishandling of commodities, diverting of funds to support personal ventures, commodity futures speculation
• biotech (genetically modified) seed industry: price fixing and antitrust behavior
• crop and livestock financing: the use of crops, livestock and equipment as farm debt collateral, priorities between secured parties, production supplier's priority, assignments of sale proceeds, statutory agricultural liens
• farm financing and borrowers' rights: farm credit institutions such as the Farm Credit System (FCS) and Farmers Home Administration (FmHA) and its successor as to farm program loans, the Consolidated Farm Service Agency (CFSA), and state lending programs
• herbicide and pesticide price manipulation and pricing: unfair price manipulation and pricing in the pesticide industry including crop fungicides, herbicides, and insecticides, and other crop production expenditures
• herbicide and pesticide injuries: injuries to the crop, humans or animals
• leases of agricultural land and pasture: the importance of written leases, the enforceability of leases, and farm lease provision
• livestock: warranties relating to the sale of animals for breeding, check-off payments for marketing purposes, sale requirements, etc.
• Packers and Stockyards Act: price manipulation and unfair pricing by meat packers in the livestock industry
• storage and marketing of crops: the status of parties delivering commodities, producer marketing strategies, the formation and enforceability of marketing contracts, commodity futures trading, hedging risks, and hedge-to-arrive contracts
• unfair agricultural production contracts: particularly in the poultry and hog industries
• unfair insurance coverage: For example, protecting farmers from asteroids and hurricanes in North Dakota, but providing no real value and coverage for legitimate concerns such as flooding, extensive snowfall collapsing farm buildings, etc.
• water resources law: water quality, wetlands preservation, allocation of water resources, drainage

If you need legal advice regarding Farming and Agriculture Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Farming and Agriculture Law lawyer nearest you, who can help you with Farming and Agriculture Law.

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