Farmer liability fears as campers mix with cattle on river frontages
Farmers concerned about campers being maimed or killed on crown land water frontage licensed for grazing cattle are pressing Victoria’s Andrews Government about who would be liable if the worst happened.
THE Andrews Government has left farmers exposed to major liability risks, after it succeeded in passing new laws opening up crown land water frontages to camping, despite most of them being licensed for grazing.
“What happens when someone’s Charolais bull cleans up a tent with two children one night?” Victorian Farmers Federation Livestock president Leonard Vallance said. “Who is liable?”
Many farmers have not fenced off their private land from adjoining crown land water frontages, leaving them exposes to legal action if a camper is injured or killed.
Up until now the public’s access to crown land water frontages has been limited to walking or a couple of hours of fishing.
But under the Government’s amendments to the Land Act 1958, that were passed by parliament last night, the public will be allowed to camp on crown land water frontages for a day or more, dramatically increasing the risk from protective half-tonne mothering cows or alarmed 850kg bulls.
The Weekly Times asked the Department of Environment, Land, Water and Planning’s land policy officer Will Guthrie: “Who will be liable in the case of campers being injured or killed by livestock on unfenced water frontages, the crown or the adjoining landholder?
Mr Guthrie deferred the matter to the department’s media team, which failed to provide a definitive answer, simply supplying a background statement that declared: “Individual cases for liability will be assessed on their own merits” and “in issuing water frontage licences, DELWP recommends that licensees secure public liability insurance”.
The fact that government legislation is about to dramatically increase the risk of accidents, prompted Mr Vallance to call for campers be excluded from unfenced water frontages.
As for the cost of fencing, Mr Vallance said if the government wanted camping on in these areas then “it should pay”.
The VFF is also calling on DELWP to ensure all water frontages that have been fenced off and revegetated by farmers, under a riparian management licence, should be declared off limits to campers.
Riparian management licences are typically generated through the conversion of an existing grazing licence, as part of a Catchment Management Area agreement with a landholder to fence, revegetate and manage a crown land water frontage.
DELWP’s fact sheet on the issue states “public access may be restricted to a frontage with a riparian management licence to protect revegetation areas”.
But the amendments before parliament make no mention of excluding camping from areas held under a riparian management licences.
A VFF spokesman said the Government had reassured them that camping would be excluded where revegetation is occurring”.
But when asked about the issue, DELWP told The Weekly Times: “The public already has a right to access Crown land river frontages for recreation purposes, including areas that farmers may have a riparian management licence for.
“Access may be restricted to protect sensitive areas, for instance where there is direct seeding.”
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