NEW legislation to impose tougher penalties for trespassing on agricultural land will be introduced to state parliament today, following broad consultation with primary production industries, justice sector stakeholders and the community.
The new laws aim to better protect SA's farmers from vigilante activists through a new aggravated trespass offence.
Attorney-General, Vickie Chapman said there were already many trespass offences in SA but did not adequately cover the additional risks posed to farmers and food producers.
"Trespassing on agricultural land can introduce food contamination or present biosecurity risks which can be extremely detrimental to those businesses - this is why we need an offence that specifically recognises these issues," she said.
"Our farmers are a critical part of our economy and they deserve to be protected from well-meaning but potentially destructive activism."
RELATED READING: SA proposes tougher stance for farm invaders
The new aggravated trespass offence would penalise a person who trespasses on primary production land, interferes with the conduct of business, jeopardise safety of people at risk, and increase the risk of biosecurity and food contamination impacts.
"We are also proposing an additional circumstance where the trespasser is accompanied by two or more other people - it goes without saying that groups can create far more damage than just one lone protester," Ms Chapman said.
"It is important that the penalties adequately match the seriousness of these crimes and those found guilty may face a $10,000 fine or 12 months imprisonment, plus compensation to the farmer," she said.
Increased penalties for interfering with farm gates and farm animals are also contained in the new legislation to act as a further deterrent.
"The fine for interfering with farm gates has been the same since 2002 - we are now increasing the penalty from $750 to $1500 and introducing a substantial new expiation fee of $375 in those cases where an on-the-spot penalty is warranted," Ms Chapman said.
"These amendments also cover interference with fences that allow animals to escape - this includes gates being removed or disabled, and includes a cattle grid, slip panel or any moveable thing used to enclose land," she said.
The maximum penalty for disturbing farm animals has been increased to $2500.
"The new bill also doubles the penalties for existing trespassing offences when they take place on primary production land," Ms Chapman said.
RELATED READING: Tresspass laws under state government microscope
Primary Industries and Regional Development Minister Tim Whetstone welcomed the introduction of the new farm trespass legislation into parliament.
"The introduction of a new aggravated trespass offence and stronger penalties will send a message to protesters or activists that in SA, if you break the law and put our farmers and supply chains at risk, you will be penalised," he said.
Member for Finniss David Basham said farms were more than just businesses producing food and fibre.
"Farms are also family homes where in some cases many generations have lived," he said.
"They deserve the full protection of the law from activists who would invade them and threaten a family's property, livelihood and safety.
"SA has some of the strongest animal welfare legislation in the world. If activists are aware of breaches, the appropriate course of action is to report it to the authorities rather than break the law themselves. The rule of law is and always must be paramount."
RELATED READING: Action to stop farm invasions welcomed
Start the day with all the big news in agriculture. Click here to sign up to receive our daily Stock Journal newsletter.
