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May 2004

Paul Frederick

Update on Legal Challenges to Water Sharing Plans

A look at different sets of proceedings before the Land and Environment Court that challenge the validity of Water Sharing Plans.

Spray Drift Damage - A Potential Pitfall

On occasions, crops are damaged by the drift of herbicide or pesticide from adjoining properties. This usually leads to a claim by the affected farmer against the spraying contractor and the occupier of the proeprty where spraying occurred and sometimes against the person advising on the appropriate herbicide or pesticide to be sprayed.

Native Vegitation and Clearing for Farm Dams

Under the Native Vegetation Conservation Act 1997 ("The NVC Act") it is an offence to clear native vegetation unless consent has been granted for the clearing or an exemption applies under the NVC Act.

Fam Machinery - Injury to Operator

Was the employer of an eighteen year old casual worker of limited education responsible if the worker elected to descend from the operating platform of a cotton module builder in a dangerous way?

Access Licences and Wills

It could be as early as 1 July 2004 when some water rights will be separated from the land. Those water rights will then not have to be held by the occupier of land on which the water is to be used, as is the case now.

Newsletter May 2004.pdf

All Kemp Strang Briefs are intended to keep readers abreast of legal and firm developments current on issue of the Brief. They are not to be relied upon as a substitute for professional advice. Before acting on any specific matter please contact us.