Farmers claim gas firm introduced invasive weed, causing more than $1.2m in damage to the property

Two brothers running a cattle station claim they continue to pay a fearsome price for allowing a gas company to access their land more than a decade ago

Two brothers running a cattle station in the Western Downs claim they continue to pay a fearsome price for allowing an Origin Energy-backed gas company to access their land more than a decade ago.

Alan and Russell Jounquay allege they have already suffered more than $1.2m in damages as a result of Australia Pacific LNG’s failure to prevent the introduction of invasive weed “lovegrass” across their 2100ha property at Condamine.

Faced with annual costs of more than $37,000 over the next decade to contain the infestation, they sued APLNG two years ago for compensation.

Following a fruitless round of mediation late last year, the dispute is now heading to the Land Court in September.

The company denies any wrongdoing. It has vowed to “vigorously defend’’ the case but a spokesman declined to comment further on Thursday.

Dan Creevey

Legal eagle Dan Creevey (illustrated), who heads up agribusiness-focused Creevey Russell Lawyers and acts for the landowners, alleges Origin violated the terms of a deal first struck in 2008 to drill on the property, known as “Kildare’’.

He said lovegrass, which cattle refuse to eat, was not present there before the company started working on the land in 2009.

Creevey claims Origin “repeatedly failed’’ to abide by the agreement, which required it to take all reasonable steps to prevent the introduction of noxious weeds onto the property.

“It is the farmer’s case that Origin did not put in place any appropriate measures to ensure machinery and vehicles were thoroughly washed down, nor did Origin comply with its own policy to ensure all vehicles were thoroughly washed down to prevent the introduction of lovegrass seeds,’’ he said.

“Following completion of its initial activities, Origin failed to rehabilitate the area to a standard that existed prior to the commencement of the activities and failed to remove the lovegrass it had introduced.

“Lovegrass has now further infested other areas on the property and Origin has failed to rehabilitate those areas and refused to accept liability for the introduction or spreading of the lovegrass or take any adequate steps to control or otherwise contain the lovegrass.’’

Alan Jounquay told City Beat that, despite using chemicals to get rid of lovegrass, it spreads quickly and remains very difficult to eradicate.

As a result, he and his brother have been forced to quarantine vehicles and wash them down, as well as limit the periodic relocation of cattle to some of their other properties.

It’s understood other farmers in the area have also suffered an outbreak of lovegrass and are following the legal battle closely.

Meanwhile, in a separate case, Creevey is acting for more than 100 sorghum farmers across Queensland and New South Wales in a class action against Toowoomba-based Advanta Seeds.

They allege the company’s negligence resulted in an infestation of invasive weed shattercane, causing $105m in damage across about 28,000ha.

Advanta Seeds, which maintained it had done nothing wrong, won the case in April after a Supreme Court judge found no “duty of care’’ was owed to its clients.

But the farmers have lodged an appeal, which is expected to be heard later this year.