Farmers’ Rights and Obligations in NSW

farmers rights

20th January, 2025

 

As a farmer in New South Wales (NSW), you are subject to a range of legal obligations aimed at ensuring the safety, sustainability, and efficient operation of your farm. These responsibilities not only protect your workers but also safeguard family members, visitors, and the environment. By understanding these obligations, you can avoid legal pitfalls and ensure your farm operates smoothly and responsibly.

 

Workplace Health and Safety (WHS) Duties

Under the Work Health and Safety Act 2011 (NSW), farmers have specific duties as a Person Conducting a Business or Undertaking (PCBU). These duties are designed to protect the health and safety of your workers, contractors, family, and visitors. Here are some key areas you need to focus on:

  1. Duty of Care: As a PCBU, you are required to take all reasonably practicable steps to ensure the safety of everyone on your farm. This includes providing a safe work environment, maintaining equipment, and ensuring safety procedures are followed.
  2. Consultation and Cooperation: You must consult with your workers about any health and safety matters that could affect them. This ensures that everyone is informed about potential risks and how to mitigate them. Additionally, you must cooperate and coordinate with other duty holders who share responsibility for health and safety on the farm.
  3. Managing Risks: Agriculture is inherently risky, with hazards such as hazardous chemicals, heavy machinery, and manual handling. As a PCBU, it’s your responsibility to identify these hazards, assess the risks they present, and implement measures to control them. Where possible, you should eliminate hazards entirely. If this isn’t possible, you must minimise the risks as much as possible.

 

Special Considerations for Agricultural Work

Farms often double as family homes, meaning children, spouses, and visitors may be exposed to the same workplace risks as your employees. For example, children may be near heavy machinery or livestock. Therefore, your WHS duties extend to these individuals as well. It’s important to create a safe environment not just for your workers but for everyone on the property.

Moreover, you are legally required to have an emergency plan in place for your farm. This plan should include procedures for handling accidents, fires, and other emergencies. First aid equipment should be easily accessible, and workers should have access to trained first aid officers when needed.

 

Farm Equipment and Machinery Safety

You must ensure that all farm equipment and machinery is maintained to meet safety standards. This includes regular checks and maintenance of tractors, harvesters, and other mobile plant. Using the safest equipment available and ensuring it is in good working order can prevent accidents and keep your workplace safe.

Handling chemicals safely is another critical area of farm safety. You must follow the manufacturer’s safety instructions when using pesticides, fertilisers, and other hazardous substances. Proper storage and disposal of chemicals is equally important to maintain a safe environment for both workers and the surrounding community.

For more information, check out The A-Z of Farm Safety by SafeWork NSW.

 

The Right to Farm

Adversely, farmers also have legal mechanisms in place to protect their rights. The Right to Farm policy in New South Wales safeguards their ability to conduct lawful agricultural practices without undue interference from neighbours or other land users. This policy aims to reduce conflicts and ensure farmers can carry out their activities without fear of complaints or legal challenges. It encourages farmers to be mindful of potential conflicts with neighbouring land uses and to adopt best practices to minimise disputes. The government also works on improving land-use planning and raising awareness about agricultural practices.

Navigating the legal obligations of farming in NSW can be complex. From ensuring compliance with Work Health and Safety regulations to understanding your rights under the Right to Farm policy, professional legal guidance is invaluable. Our firm specialises in agricultural law and can help you navigate these legal obligations. Whether you need assistance with land-use planning, risk management, or worker safety, we offer tailored advice to suit your specific needs.

Contact us today on (02) 66871 167 ensure your farm complies with all legal requirements, and to get the support you need to operate efficiently and responsibly.

 

If you would like to dive deeper into related topics, we invite you to check out our other blog posts.