I have been having ongoing discussions with the owners of local livestock saleyards who have applied to Council to have the saleyards categorised as farmland. I declined their application on the basis that livestock saleyards do not meet the definition of farmland in s.515. They argue that the saleyards are an integral function of the industry of grazing, being the primary source of purchase of stock for grazing purposes and the facility for the sale of cattle to generate profit for that industry.
They are also arguing that as our current LEP defines livestock saleyards as a “rural industry” and the definition of farmland in s.515 is silent on the specific inclusion of saleyards that the definition gives “conclusive guidance” in defining saleyards as “rural”.
I still don’t agree that livestock saleyards should be categorised as farmland but would be interested if anyone else has had a similar request or has any information to offer.
Have not had a similar request but we don’t have any sale yards either. In any case I suggest you hold your ground as s515(1) defines what are farming activities. Whilst, as you indicate sale yards are not mentioned in s515, I doubt that silence entitles anyone to draw the connection to the EPA Act (LEP). Anyway what is “conclusive guidance”? (rhetorical question).
Good luck
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