Melina BATH (Eastern Victoria) (10:12): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, I make this Statement of Compatibility with respect to the Planning and Environment Amendment (Agricultural Land and Food Security) Bill 2026.
In my opinion, the Bill is compatible with the human rights protected by the Charter.
Overview of the Bill
The Bill amends the Planning and Environment Act 1987 and the Environment Effects Act 1978 to strengthen the consideration of agricultural land and food security within Victoria’s planning and environmental assessment framework.
The Bill establishes a framework for identifying Strategic Agricultural Land, requires Agricultural Land Impact Assessments for prescribed developments, strengthens consultation and decision-making processes through the inclusion of agricultural expertise, introduces rehabilitation obligations and bonds for prescribed developments, and enhances transparency through public reporting and registers.
The Bill does not prohibit development on agricultural land. Rather, it establishes additional procedural requirements to ensure agricultural impacts are appropriately assessed and considered in planning decisions.
Human Rights Engaged
Property Rights – Section 20
The Bill may engage the right to property under section 20 of the Charter because it introduces additional planning considerations that may affect decisions relating to the use and development of privately owned agricultural land.
However, the Bill does not authorise the compulsory acquisition of property, extinguish existing property rights or prevent lawful use of land. Instead, it strengthens existing planning processes by requiring agricultural impacts to be assessed and considered before planning decisions are made.
Any effect on property rights is indirect and occurs through the operation of Victoria’s existing planning framework. The Bill does not alter existing rights of compensation or existing appeal mechanisms.
Accordingly, any limitation on property rights is reasonable, proportionate and justified having regard to the legitimate objective of protecting Victoria’s long-term agricultural capability and supporting informed planning decision-making.
Fair Hearing – Section 24
The Bill promotes the right to a fair hearing by improving transparency and procedural fairness within planning processes.
Requirements for Agricultural Land Impact Assessments, consultation with Agriculture Victoria, publication of statements of reasons, public registers and annual reporting enhance accountability and ensure decisions affecting agricultural land are supported by appropriate evidence.
These measures improve, rather than limit, procedural fairness.
Freedom of Expression – Section 15
The Bill supports public participation in planning processes by increasing the availability of information relating to developments affecting agricultural land.
The publication of registers, reports and statements of reasons promotes transparency and assists members of the public to participate in planning processes on an informed basis.
Conclusion
The Bill strengthens the quality, transparency and accountability of planning and environmental assessment processes affecting agricultural land.
To the extent that any Charter rights are engaged, any limitation is reasonable, demonstrably justified and proportionate to the legitimate objective of protecting Victoria’s long-term agricultural capability and ensuring planning decisions are informed by appropriate agricultural expertise.
Accordingly, in my opinion, the Planning and Environment Amendment (Agricultural Land and Food Security) Bill 2026 is compatible with the Charter of Human Rights and Responsibilities Act 2006.
Melina Bath MP
Shadow Minister for Public Land Management