Animal activist loophole: Trespass laws do not cover crown land water frontages

Animal rights activists will still be able to enter crown land water frontages over which farmers hold grazing licences, under a Bill before parliament.

New Victorian trespass laws aimed at deterring animal activists from invading farms will not apply to crown land water frontages licenced to adjoining landholders.

Debate was due to resume in parliament this week on the Livestock Management Amendment (Animal Activism) Bill 2021, which imposes on-the-spot fines of $1,272 for an individual or $8,178 for an organisation who breaches a farm’s biosecurity management plan.

However the Bill prohibits farmers using their biosecurity plans to block the public’s right to enter crown land water frontages “for recreational purposes” under the under the Land Act 1958.

Farmer rights: Security footage from 2018 when the Gippy Goat cafe was invaded by animal rights activists who stole several goats from the property.

Opposition Agriculture spokesman Peter Walsh said the exclusion set a “dangerous precedent” that meant animal activists could still enter crown land water frontages over which farmers held grazing licences.

Mr Walsh said these water frontages were part of many working farms.

Agriculture Minister Mary-Anne Thomas’ office confirmed crown land water frontages would not extend to areas where the public had a right of access, such as water frontages.

But the legislation still allows farmers to implement biosecurity management plans across freehold and leased land that demand the public to gain consent before entering the property or risk facing a new raft of new penalties.

The Bill amends the current Livestock Management Act to allow regulations to be drafted that:

PROHIBITS or regulates people entering and remaining on a property covered by a biosecurity management plan unless they have gained consent.

REQUIRES people entering a property to record movements.

PRESCRIBES the circumstances in which a person may enter or remain on a property.

REQUIRES anyone entering a property to provide identification.

REQUIRES compliance with specified protocols and procedures outlined in the biosecurity plan.

In her second reading speech on the Bill Ms Thomas said the legislation had been drafted in response to a series farm invasions in 2018 and 2019, where animal rights activists intimidated farmers, stole livestock and disrupted operations.

She said livestock producers experiencing harassment or trespass will be able to contact Victoria Police to assist them, as the Bill gives them the power to enforce the new offences.