Q&A - Minimise the loss of productive capacity

Webinar 1 - Monday 1 February, 2:00 – 3:00pm

Q. Is the term 'land' used in a general sense and does this process recognise that production areas are not necessarily dependent on attributes of the 'land' but rather a range of intersecting values?

A. Yes at this stage land is referred to generally in the Agricultural Land Use Planning Strategy. If land is identified as State Significant Agricultural Land then the definition would be tighter. It is understood that for many producer's land is only one of the many important location attributions.

Q. Is this process looking to implement state-wide criteria, similar to what exists in the North Coast Regional Plan within either the Primary Production and Rural Development State Environmental Planning Policy (PP&RD SEPP) or as a Ministerial Direction?

A. The preferred approach is to include any requirements relating to the strategic planning or planning proposal processes in a Ministerial Direction. SEPP controls are more likely to be related to development application issues. The use of a Ministerial Direction would ensure requirements are applied in the same way across the state.

Q. Are Sydney and Central Coast areas being included in the Agricultural Land Use Planning Strategy scope?

A. Yes, peri-urban areas are included.

Q. Are you considering transferable development rights (TDRs) as part of the solution?

A. No. The concept has been raised but the specific proposals have been advanced to the review at this stage. The desired outcome of an Agricultural Land Use Planning Strategy is not to stop development, but about to make sure agriculture is considered adequately in the planning process

Q. Western-NSW is having an influx of large-scale agriculture wanting to diversify with function centres etc. Is this process proposing that a planning proposal would be needed for this type of development?

A. The proposed policy seeks to support agricultural operations, including supporting agricultural business to diversify and improve their resilience. The policy aims to ensure that the impact on agriculture is assessed when a non-agricultural development is proposed on State Significant Agricultural Land. Proposals that diversify an agricultural business or are an extension of agricultural operations would generally not conflict with the policy but the process should be concerned if they have the potential to compromise ongoing neighbouring operations.

Q. Is it possible to have levels or grades of State Significant Agricultural Land?

A. Yes. The policy on State Significant Agricultural Land could include a tiered system that recognises the varying contributions of that land. Any specific ideas or proposals would be welcomed in a written submission.

Q. How does the policy impact holding provisions or dwelling eligibility?

A. The policy would seek to minimise the fragmentation of rural land and ensure that dwellings are not the primary use of agricultural land. Suggestions on how dwelling entitlements on State Significant Agricultural Land could work are welcome in written submissions.

Q. How does this work intersect with the agritourism work being conducted by the Department of Planning, Industry and Environment?

A. The Department of Primary Industries has been involved in the process and provided comments on the proposed agritourism amendments to the Small Business Commissioner & Planning.

The Agricultural Land Use Planning Strategy should support the diversification of an agricultural business.

Webinar 2 - Wednesday 3 February, 10:00 – 11:00am

Q. If Identified Production Areas (IPA) areas are identified, could the introduction of a specialised zone (like a Special Purpose Zone) be considered, where the uses in that zone would be specifically tailored to the protection and retention of that agriculture industry?

A. At this stage the Department of Primary Industries and the Agriculture Commissioner are still exploring what IPAs could look like and how they would work. Ideas about how they could work or be defined are welcome in written submissions.

Q. What is the Department of Primary Industries considering as components for State Significant Agricultural Land?

A. During the first round of consultation DPI tested types of land generally as to whether people considered they might be a component of SSAL. The general components considered by the majority of stakeholders as suitable for inclusion were then specifically included in the options paper. These were:

  • Biophysical Strategic Agricultural Land (BSAL)
  • Expanded BSAL (up to 12% of the State)
  • Irrigated lands
  • Existing agricultural land mapped for its importance (i.e. North Coast farmland)
  • Land zoned RU1 Primary Production, RU2 Rural Landscape or RU4 Primary Production Small Lots in the Metropolitan Rural Area.

The identification of SSAL is a critical component of making any new framework fit within the planning system. Please include in your written submissions your feedback on the inclusion of these components, if you agree or disagree with any components and if you think anything else should be included.

Additionally, Identified Production Areas could identify important non-biophysical characteristics, such as proximity to markets and labour. Comments on how these characteristics should be considered or regulated alongside SSAL are welcome in the submission process.

Q. What would the timeframe be on providing a criteria to identify State Significant Agricultural Land?

A. Consultation closes 28 February 2021. The Agriculture Commissioner is aiming to deliver recommendations to the Minister for Agriculture in May 2021. The recommendations may then need to be considered by the NSW Cabinet.