[no bill text published] NSW Agritourism Buildings Limited to 100 Square Metres and Fast-Track Approval Cancelled

Environmental Planning and Assessment Legislation Amendment (Agritourism) Bill 2023

Opposition Bill

23 Nov 2023: This bill has lapsed and is no longer under discussion.

Legislative Assembly

Legislative Council

Assent

Share this bill

Email Facebook X Bluesky

Topics

agriculture agritourism environmental protection farm tourism farming land use livestock livestock farming rural development urban planning

Introduced by: Gareth Ward (LIB)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Consent authorities cannot approve agritourism premises unless the land is suitable, not flood-prone, and won't cause noise, pollution, or environmental damage, or harm nearby homes, farms, or the environment.
Goat depots can be built without development consent provided they stay 500m away from residential zones, 100m from watercourses, and are not in environmentally sensitive areas.
Commercial livestock breeding or housing for husbandry purposes can be done without consent; these must also stay 500m from residential zones and 100m from watercourses.
Farmers can build emergency stock containment areas or temporary livestock housing without consent during droughts, floods, or fires.
The Agritourism and Farm Stay Accommodation Code is scrapped, removing specific complying development and fast-track 'exempt and complying development' rules for these businesses.
Poultry farms must maintain a specific separation distance if they are within 500 metres of another poultry farm.
Four separate categories for farm-based tourism are now combined into one single category called 'Agritourism premises'.
Buildings used for agritourism premises must not be larger than 100 square metres.
Farmers can use land for temporary livestock activities, such as weaning or tagging, without approval if the site is far enough away from homes and watercourses.

News articles and press releases

Environmental Planning and Assessment Legislation Amendment (Agritourism) Bill 2023

Mr GARETH WARD, Member for Kiama — 2023-11-23

Whilst councils were originally told by the then New South Wales Government that they would be able to "opt out" of agritourism rules, that was not the end result. The new policy was applied statewide from 1 December 2022. The changes meant that agritourism became a sub-term of agriculture in the standard instrument local environmental plan. Two new agritourism land uses, farm experience premises and farmgate premises, were established. Those new land uses see high-impact infrastructure and activities such as function centres, restaurants, caravans and camping allowed on any land where agriculture is permitted. The provisions also removed local council’s ability to manage agritourism developments and see agritourism as no longer ancillary to the agricultural uses of agricultural land.