A small stallholder market founder has warned a recent court decision could see small farmers lose their direct link to customers.
The Environment, Resources and Environment Court passed a finding in late January against the City of Salisbury that a market planned for several hours, two days a week, was non-compliant.
It found the land occupied by stallholders could be considered premises and the council should have determined the development to be a group of shops.
The approval process has been returned to the council to allow the planned market an opportunity to become compliant under these regulations.
Market founder Mark Aldridge said this decision could see 45 small farmers who sell their produce at the markets lose their market access.
The Salisbury market is part of the Farm Direct chain, which offers fresh produce from growers and wholesale.
Mr Aldridge is also concerned this could set a dangerous legal precedent that could have a negative effect on other markets, such as school fetes, and increase the regulations and paperwork to host any event.
He said he had three options; to appeal the decision, lobby parliament to change the developmental regulation wording loophole, or to focus on making the local market comply.
He expected to make a decision early this week, ahead of the appeal deadline.
He is crowdfunding to raise money to cover potential court costs in case of a loss.
“If we win, we won’t even need the money, so I’ve said it will go to victims of the Pinery fire,” he said.
Australian Farmers’ Markets Association SA representative and Mount Pleasant farmers’ markets manager Genevieve Hebart said this ruling would not have an impact on authentic farmers markets.
The association defines an authentic farmers’ market as one with predominantly fresh produce sold by the growers direct to consumers.
“The Gawler Council in the past few weeks has set up an authentic farmers markets full well knowing this court case was going ahead,” she said.
“There is no threat.”