Bill 203 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 203 Farming Nuisance Claim Protection Act Mrs. Cripps (Legislature 20, Session 3)

L20 S3 3420

Alberta — Bills

1985 BILL Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL FARMING NUISANCE CLAIM PROTECTION ACT MRS. CRIPPS First Reading Second Reading Committee of the Whole Third Reading Royal Assent Bill Mrs. Cripps BILL FARMING NUISANCE CLAIM PROTECTION ACT (Assented to , 1985) Agricultural activities deemed not nuisance HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "agricultural land" means land that, (

i) is zoned for agriculture pursuant to the Planning Act and is actually being used for agriculture, or (ii) is assessed for municipal taxation on the basis of being used for agriculture; (b) "farming operation" means an activity conducted on agricultural land in connection with the commercial production of agricultural produce; (c) "Minister" means the Minister of Agriculture. 2 A farming operation on agricultural land, that (

a) is not negligent; (

b) conforms to generally accepted practice for similar farming operations; (

c) does not endanger human health or safety; and (

d) does not contribute to flooding or water pollution; shall be deemed (

e) not to be a public or private nuisance if it is carried out in accordance with the guidelines issued by the Minister pursuant to

section 3; (

f) not to be a private nuisance in respect of a neighbouring parcel of land that has had a change of use or zoning if the same farming operation was conducted prior to the change of use or zoning, in a similar manner and at similar times, and would not then have been a private nuisance with respect to the neighbouring parcel of land. Guidelines jy^Q Miuister may by order establish guidelines for the conduct of farming operations so as to protect the continuance of established farming operations as far as is reasonable and to minimize conflict between farming operations and uses of land other than farming. In accordance with section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent. Title: 1985 (20th, 3rd) Bill 203, Farming Nuisance Claim Protection Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3420
Type	bill
Volume / chapter	L20 S3 3420
Language	en
Format	json
Source	PROVINCIAL
Identifier	9708eca68704b09c24035633d1e03b4ecde463e2

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