The state government's proposed "right to farm" legislation will largely take the onus off farmers, when it comes to mitigating the impact of primary production.
The proposed "right to farm" (RtF) legislation is one of 20 action items, contained in the new Green Wedges and Agricultural Land policy.
The policy aims to protect primary production outside the urban growth boundary and within 100 kilometres of Melbourne.
The legislation would ensure primary production did not "constitute a nuisance" when conducted lawfully.
The new legislation would recognise the land zoning supported agricultural use as a primary purpose, a Department of Transport and Planning spokesperson said.
"Applying this principle to farming will have the effect of assigning responsibility for mitigating impacts of lawful agricultural operations (e.g. dust, noise and odour) to the person or organisation who is proposing to introduce a new sensitive use or development into an existing agricultural environment," the spokesperson said.
The new provisions would be delivered under the Agent of Change (AoC) principle, first developed for the music industry.
"In planning, the agent of change principle assigns responsibility for noise attenuation measures to the 'agent of change' - a new use or development that is introduced into an existing environment," the DoTP website said.
"In practical terms this means that if a new or an existing live music venue seeks to establish or expand, they will be responsible for attenuating any noise effects that are caused by that change on nearby residential properties.
"Similarly, a new residential development close to an existing live music venue will be responsible for noise attenuation of its building to protect future residents from the live music venue."
Mornington Peninsula mayor Simon Brooks said council welcomed the "much-anticipated" action plan, which reinforced the non-urban purpose and character of the green wedge.
"The Mornington Peninsula is a world-class agricultural region and an integral part of Melbourne's food bowl, producing large volumes of high-quality fruit and vegetables year-round," Cr Brooks said.
"Our region is critical to Victoria's food economy and security, yielding the second highest value food production region per hectare in Victoria."
But he said in an area such as the Mornington Peninsula, the green wedge was subject to multiple pressures and council had advocated strongly for more protections and tighter controls over non-agricultural uses.
"Clearer guidelines and stronger planning controls will help our efforts to support our $1.3 billion agriculture, food and beverage sector and protect the non-urban character of the Peninsula," Cr Brooks said.
But each green wedge had its own distinct character - "they are not all the same".
"We look forward to working collaboratively with the state government to ensure the details of the action plan reflect the distinctive role and function of our Mornington Peninsula green wedge."
Council called on the government to invest in infrastructure, to give primary producers access to the millions of litres of Class A recycled water, currently being pumped out to sea off the Peninsula's southern coastline each day.
"Accessing this water is an ideal way to secure climate resilient food production for Melbourne's growing population," Cr Brooks said.
He said council would like to see more detail, as to what sort of powers it would get to further protect green wedge and agricultural land.
"It will assist, but we do need more support - there need to be stronger policies that encourage sustainable production," Cr Brooks said.
"When planning permits are granted, as the relevant planning authority we are responsible for the principals and conditions that need to be followed.
"While we welcome these sort of statements, the devil is in the detail and the detail requires focus and discipline."
Andrew Miller
I'm a general reporter with Stock & Land, with a special interest in irrigation issues. I completed my cadetship, with the Age, in 1980. Over my career, I've worked for ABC radio news (Mt Isa, Qld) and at provincial and suburban newspapers.
I'm a general reporter with Stock & Land, with a special interest in irrigation issues. I completed my cadetship, with the Age, in 1980. Over my career, I've worked for ABC radio news (Mt Isa, Qld) and at provincial and suburban newspapers.
