Wednesday, 12 August 2026

 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

 Melina BATH (Eastern Victoria) (10:12): I lay on the table a statement of compatibility with the Statewide Treaty Act 2025:

In accordance with section 66 of the Statewide Treaty Act 2025, I table a statement of Treaty compatibility for the Agricultural Land and Food Security Bill 2026.

In my opinion, the Bill is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act 2025. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The purpose of the Agricultural Land and Food Security Bill 2026 is to provide greater recognition and protection of Victoria’s agricultural land and long-term food security in relevant land-use and development decisions.

The Bill provides a framework for consideration of the agricultural capability and significance of land and the potential impacts of prescribed developments on agricultural production and food security.

The Bill also provides for measures relating to the rehabilitation of agricultural land affected by prescribed developments and financial security associated with relevant rehabilitation obligations.

Consultation with the First Peoples’ Assembly of Gellung Warl

The First Peoples’ Assembly of Gellung Warl was not given an opportunity to advise on the Bill and the Assembly has not otherwise made representations about the effect of the Bill on First Peoples.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

I have considered whether the Bill is compatible with the objects in section 66(3)(d) of the Statewide Treaty Act 2025 of:

• advancing the inherent rights and self-determination of First Peoples;

• addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and

• ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

Advancing the inherent rights and self-determination of First Peoples

The Bill establishes generally applicable requirements relating to the consideration and protection of agricultural land and food security. The Bill does not distinguish between First Peoples and other Victorians and does not alter or limit the existing rights or interests of First Peoples.

In my opinion, the Bill does not adversely affect the object specified in section 66(3)(d)(i) of the Statewide Treaty Act 2025 and is therefore compatible with this object.

Addressing unacceptable disadvantage inflicted on First Peoples

The Bill applies generally to agricultural land and prescribed developments and does not impose any differential requirement or restriction on First Peoples.

In my opinion, the Bill does not adversely affect the object specified in section 66(3)(d)(ii) of the Statewide Treaty Act 2025 and is therefore compatible with this object.

Ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples

The Bill does not limit the enjoyment of human rights and fundamental freedoms by First Peoples. The protections and requirements established by the Bill apply without distinction on the basis of whether land is owned, occupied or used by First Peoples or other Victorians.

In my opinion, the Bill does not adversely affect the object specified in section 66(3)(d)(iii) of the Statewide Treaty Act 2025 and is therefore compatible with this object.

Melina Bath MP

Member for Eastern Victoria Region

 Melina BATH (Eastern Victoria) (10:12): I move:

That the bill be now read a second time.

In moving the Planning and Environment Amendment (Agricultural Land and Food Security) Bill 2026 I am very proud to not only read this but to support our Shadow Minister for Agriculture Emma Kealy and the Liberals and Nationals in bringing this forward to this house.

Victoria is Australia’s largest agricultural producing state, accounting for approximately 28 per cent of Australia’s gross value of agricultural production, with a farm gate value of around $22 billion each year. Our state is home to more than 21,300 farming businesses, representing around one-quarter of all farming enterprises in Australia. Together they produce the fantastic food and fibre that feed and clothe millions of people, generate billions of dollars in exports and underpin one of Victoria’s most important industries. But agriculture’s contribution extends well beyond the farm gate.

This sector supports thousands of jobs across transport and logistics, food processing, manufacturing, agricultural technology, research, science and innovation. It is the economic backbone of many of our regional communities and a vital driver of investment, employment and prosperity across our state.

Farmers are also the custodians of our landscape. Every day they manage our soils. They care for our waterways. They protect biodiversity and safeguard the natural assets for future generations that can depend upon them. They carry the responsibility of producing the food and fibre the world needs while ensuring the land remains productive for those who come after them.

That is why this bill is important. This bill is about protecting capability, not preventing opportunity. It recognises that Victoria’s most strategic agricultural land should be protected, while ensuring development elsewhere only proceeds where our long-term agricultural capability can be maintained. Yet despite agriculture’s enormous contribution to our economy and our communities, agricultural land receives surprisingly little recognition within Victoria’s planning system.

When major projects are assessed, we rightly consider biodiversity, cultural heritage and native vegetation as well as landscape values and environmental impact. But too often, agriculture is treated simply as another land use rather than a strategic asset that underpins food security, regional economies and export industries.

This bill seeks to change that. Its purpose is straightforward. It is not to prohibit development. Its purpose is to ensure that when decisions are made that affect agricultural land, those decisions are informed by agricultural expertise and are made transparently, consistently and with proper regard for Victoria’s long-term agricultural capability.

Agriculture is unlike almost any other industry. We cannot manufacture more high-quality agricultural land. Once productive land is unnecessarily fragmented, sterilised or permanently degraded, its productive capacity may never be fully restored. That is why decisions affecting agricultural land deserve careful, informed and transparent consideration.

This bill seeks to establish a new framework within the Planning and Environment Act to ensure agriculture is properly recognised within those planning decisions.

It establishes clear objectives recognising the importance of agricultural land and food security. It provides for identification of strategic agricultural land. It requires decision-makers to give significant weight to protecting that land.

It introduces agricultural land impact assessments for prescribed developments. It requires consultation with Agriculture Victoria before significant decisions affecting agricultural land are made. It requires agricultural expertise to be represented on advisory committees and Environment Effects Act inquiry panels. It is very important to have that local agricultural expertise. It strengthens rehabilitation obligations through mandatory rehabilitation in terms of bonds and ongoing monitoring. And it establishes a public register and annual reporting requirements so Victorians can better understand the cumulative impact of development on agricultural land.

These are practical reforms. They improve decision-making. They improve transparency. They improve accountability.

Importantly, this bill does not presume every proposal should be refused. Nor does it elevate agriculture above every other public interest. Rather, it ensures agricultural impacts are properly understood, properly assessed and properly weighed alongside all other relevant considerations.

Projects that can coexist with agriculture should be able to demonstrate that they can do so responsibly. Projects that permanently reduce Victoria’s agricultural capability should be required to justify those impacts and why they are in the broader public interest.

Victoria faces increasing pressure on agricultural land. Urban growth. Renewable energy generation. Electricity transmission. Extractive industries. Major infrastructure. Each of these developments may be necessary. But each also has the potential to permanently alter productive farming landscapes. As these pressures increase, our planning system must evolve to ensure that agriculture is no longer the forgotten consideration.

Regional communities deserve confidence that agricultural expertise will be at the table when decisions affecting their livelihoods are made. Farmers deserve confidence that the long-term productive capacity of their land will be properly considered. Developers deserve certainty about the information expected of them and the standards they will be required to meet. And government deserves access to better information upon which to make balanced decisions. This bill provides that framework.

Ultimately, this bill asks a simple question. Not whether Victoria should choose between agriculture and development. But whether development can occur without compromising our long-term agricultural capability. The Liberals and Nationals believe it can.

We need to see, and we should be able to see, that we can protect Victoria’s most strategic agricultural land. We can support responsible development in appropriate locations. We can strengthen rehabilitation, improve transparency and ensure agricultural expertise informs major planning decisions. And we can leave future generations with a planning system that values both economic opportunity and productive capacity of the land that sustains us.

I commend the bill to the house.

 Lee TARLAMIS (South-Eastern Metropolitan) (10:21): I move:

That debate on this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.