To spray or not to spray?

There have been a number of Court cases in recent years regarding the consequences of something going wrong when undertaking chemical spraying as part of a farmer’s crop management regime.  

What these cases demonstrate is that a failure to take reasonable precautions and/or a failure to follow the chemical labels can have serious economic consequences for both the contractor undertaking the spraying and the farmer on whose behalf the spraying was undertaken.  

By way of example:

1. In the case of Riverman Orchards Pty Ltd v Hayden [2017] VSC 379, the neighbouring famer, Heydon was ordered to pay damages of $7,248,213.76 (inclusive of interest) to Riverman Orchards for the loss of their grape crop, as well as for the loss of income from the vineyard over the next 10 year period until it was back to the same level of production and for the costs to re-establish the damaged vineyard. This represents one of the larger awards of damages for a spray drift event.
2. In the case of Butler Market Gardens Pty Ltd v GG & PM Burrell Pty Ltd [2018] VSC 768 damages of $1,346,570.00 were awarded to Butler Market Gardens, representing the loss of sales of their spring onion crop during the six week period from late July to early September when supplies were low and prices were high.

Both these cases, as well as many others, serve as a reminder and a warning that a farmer must be vigilant when undertaking spraying activities to ensure that their actions do not cause damage to a neighbouring farm because of spray drift. If you don’t, then you may find yourself the subject of a civil claim for negligence and/or nuisance by your neighbour, which can lead to you being required to pay a significant amount of damages. Furthermore, you may be prosecuted for breaching the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (Vic) or the other state equivalents, which require a farmer not to cause damage by spray drift.

The findings in the cases mentioned above provide some useful guidance on the do’s and don’ts when it comes to your spraying activities. In both cases the chemicals that were sprayed were sprayed:

1. in wind conditions that were in excess of those recommended on the chemical labels and which were therefore conducive to spray drift;
2. on a day when the wind was blowing in the direction of the neighbouring farm;
3. using booms at an inappropriate height; and
4. in high concentrations and in concentrations in excess of the label rate.  

It is, therefore, critically important to carefully consider when to spray and to ensure that you are carrying out any spraying activities: in the right conditions; using the appropriate equipment; and in accordance with the warnings and instructions on the chemical labels themselves. It is also important to keep detailed spray diaries, including recording the concentrations of chemicals sprayed and the wind conditions at the time of spraying.

How Can Sharrock Pitman Legal Help?

Things can go wrong, despite careful preparation and taking all precautions. If you find yourself in dispute with neighbours regarding your farming practices, it is prudent to address the issue sooner than later. Doing so, could avoid the issue escalating to litigation.

If you would like to discuss any concerns you have, please do not hesitate to contact a member of our Litigation Team by email litigation@sharrockpitman.com.au or call 1300 205 506.

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The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

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