A conventional farmer who harvests GM canola by swathing in accordance with common farming practice in the district does not commit an actionable nuisance against a neighbouring organic farmer whose organic certification is lost as a result of windborne GM canola swaths, because organic farming subject to contractual certification conditions constitutes an abnormally sensitive use of land that cannot unilaterally enlarge the organic farmer's rights against neighbours. The question of whether the organic certifier's decertification was authorised under the relevant standard was left open, as the certifier was not a party.
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