Farmers not liable for damage caused to users of corridor by agricultural spraying
104 Farmers not liable for damage caused to users of corridor by agricultural spraying
In this section – farm has the same meaning as in the Primary Industry Activities Protection Act 1995; farmer means a person carrying out the operations of a farm.
Despite any other Act, including the Agricultural and Veterinary Chemicals (Control of Use) Act 1995, or any law or doctrine, a farmer is not liable for any damage, or adverse effect, caused to a person, or the property of a person, if – the damage is caused by the spraying on a farm of any chemical that the farmer is authorised to use on that farm; and the spraying occurs when the person or property is situated on a corridor; and the person is not a responsible manager, or acting on behalf of a responsible manager, in relation to the corridor; and the carrying out of the spraying does not contravene or fail to comply with an enactment of the State or the Commonwealth or a by-law of a council; and the spraying is not carried out improperly or negligently.
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