Farmers & Grape Growers: Has Your Crop Been Damaged by Spray Drift?
Do you own agricultural land that shares a common boundary with your neighbours?
Has your neighbour or a contractor been applying herbicides to control blackberries, thistles, ragwort or other noxious weeds?
Has your crop been damaged by spray drift?
Agricultural chemicals can cause significant crop losses if applied negligently and spray drift occurs.
The Australian Pesticides and Veterinary Medicines Authority is responsible for ensuring that spray drift does not cause damage to human health, the environment or Australia’s international trade.
What about your damaged crop?
If your crop has been adversely affected by spray drift, you should notify the South Australian Government’s Department of Primary Industries and Regions Agricultural Chemicals Hotline on 1300 799 684.
You will then need to provide, where possible, the details in writing and include:
- Your name and contact details.
- Date, time, location of the incident.
- Name of the product used and its effects.
- Name of the person or company using or applying the chemical.
- How the chemical was applied e.g., boom sprayer, plane.
- Weather conditions at the time e.g., wind conditions, temperature, humidity.
- Names of any witnesses and their contact details.
- Supporting evidence e.g., photos, videos.
- Effects, symptoms or damage caused by the incident.
In addition, you may be entitled to common law damages in both negligence and nuisance.
These matters are often tricky to prove and require substantial expert evidence to prove that the spray drift caused the damaged crops.
For more information about spray drift claims, contact our friendly staff at Bambrick Legal via: